Light directive
The light-Directive contains technical specifications mainly for the execution of the German Federal Pollution Control Act by the federal / provincial working group for Pollution Control of the Environment Ministerial Conference in terms of emissions of light ; Although the name " Guideline " has been used since 2000, the name " Directive " has been used.
Historical development
The adoption of a guideline for the measurement and assessment of light immissions (light guideline) by the then regional committee for immission control (LAI) in May 1993 provided the responsible immission control authorities for the first time with a system for assessing the effects of light immissions on people to concretise the indefinite legal term “harmful Environmental impact ”within the meaning of Section 1, Paragraph 1 of the BImSchG. The development of the technical fundamentals goes back to the 1970s.
After extensive measurements and assessments of lighting systems, especially for outdoor sports facilities, the lighting guideline was thoroughly revised in May 2000 in the form of notices and an appendix with notices about the harmful effects of lighting systems on animals, especially birds and insects, and with Suggestions for their reduction added.
The revision from 2012 was supplemented by explanations for determining and evaluating room lighting and glare. Its main content was based on the publication of the “Light Immissions” working group of the German Lighting Technology Society . The new Appendix 2 contains recommendations for determining, assessing and reducing the glare effect of large-area photovoltaic systems in the context of building permit procedures .
In North Rhine-Westphalia the regulation applies in the form of the "light decree", which is binding for the administration. In Brandenburg, the lighting guideline of the Ministry for the Environment, Health and Consumer Protection has been in effect since 2014, which the responsible pollution control authorities must observe when implementing the BImSchG and the State Pollution Control Act (LImschG).
scope of application
It is used to assess the effect of light immissions on people from light- emitting systems of all kinds. It serves a uniform understanding of such terms as that of a significant nuisance, protection against it and higher energy efficiency .
In this context, however, "system" is only understood to mean (and its components) as defined in Section 3 (5) BImSchG; Since public traffic routes and vehicles are expressly excluded there, the information does not apply to street lighting, traffic signals or car headlights. Light / shadow effects from wind turbines, for which special information has been published, and lasers are also excluded.
It does not develop any direct legal binding. However, through its understanding as a general, expert overview of the state of the art and with its broad practical implementation of the claim to equal treatment , it can develop a factual binding effect on the local environmental authorities , which are responsible for observing it.
Transferred application
Since street lighting is not a system in the sense of the BImschG, there is a public-law injunction analogous to § 1004 , § 906 BGB, where the guideline values of the LAI notes can be decisive.
Web links
- Lighting guidelines from May 2000, in Landmann / Rohmer : Umweltrecht , 63rd supplementary delivery 2011. beck-online.de, accessed on August 21, 2019
- Notes on the measurement, assessment and reduction of light immissions from September 13, 2012, editorially revised in 2015, as of March 9, 2018; from the LAI website
Individual evidence
- ↑ State Environment Agency North Rhine Westphalia: Factual information on the assessment of light immissions from artificial lighting systems. LANUV NRW, February 2002, accessed on October 11, 2019 .
- ↑ "Recommendations for the measurement, assessment and reduction of light immissions from artificial light sources 12.3" from June 2011
- ↑ Federal / State Working Group for Immission Control (LAI): Notes on the measurement, assessment and reduction of light immissions Decision of September 13, 2012
- ↑ Environment and Building Ministry of North Rhine-Westphalia: light immissions, measurement, assessment and reduction. State of North Rhine-Westphalia, December 11, 2014, accessed on October 11, 2019 .
- ↑ Light guideline. Guideline of the Ministry for the Environment, Health and Consumer Protection for the Measurement and Assessment of Light Immissions - Brandenburg of April 16, 2014 (OJ No. L 21 of May 28, 2014 p. 691). Umwelt-online.de, accessed on June 24, 2019
- ↑ § 3 Paragraph 5 No. 2 (public transport routes) and No. 3 (vehicles) BImSchG
- ↑ "Wind turbine shadowing information"
- ↑ Wolf Herkner: Light pollution from street lamps December 5, 2018 in the homepage of his law firm (on VG Munich, judgment of November 28, 2018 - M 19 K 17.4863 )
