Court told club’s lights ‘brighter than Glasgow’

Tennis court lights causing ‘nuisance’ for former university principal, sheriff is told

A court case between a respected academic and an Angus tennis club heard claims its floodlights shone “three times brighter” than Glasgow city centre on his property.

Former principal of Abertay University Professor Bernard King and his neighbour launched a case against Arbroath Lawn Tennis Club because of perceived light pollution from its sixfigure setup, launched last year by Andy Murray’s mother Judy.

An expert for Prof King and his neighbour Garry Smith found three windows in Dalhousie Place were subjected to “light spill” of between 11.4 and 15.9 lux – where the maximum reading allowed under planning permission is 10 lux.

However, the court heard a recent visit found light spill readings were lower than Angus Council’s first visit last year.

An “off the shelf” solution has now been proposed to give Prof King and Mr Smith more darkness in the evening.

The reading taken in my client’s back garden was three times that of George Square. NICK WHELAN FOR PROFESSOR BERNARD KING

For Prof King, solicitor Nick Whelan said his client had “photographic evidence” cherry-pickers had recently been used to reduce the light spill.

The club’s agent at Forfar Sheriff Court, Thornton’s partner John Kydd, said this claim was “utter nonsense” and the expert for the pursuer had been in error with his readings.

Mr Whelan added: “Works have been carried out by the defender since this called. The expert gave an indication that the reading taken in my client’s back garden was three times that of George Square in Glasgow.”

Mr Whelan said the pursuer would not progress an interim order because of the recent work.

However, he said there was still a common-law nuisance because of the positioning of lamp-posts near the residences and their angle was shifting more light into gardens than the playing field.

Mr Kydd moved for all expenses to be paid for by the pursuers, which was refused by Sheriff Pino Di Emidio.

Mr Kydd said: “The whole basis of the action has been rubbish. If you abandon something, you should pick up the expenses. My client’s a charity.”

Sheriff Di Emidio said he considered “diametrically opposed” positions on whether cherry-pickers had dimmed the lamps: “It’s not possible for me to say what the reason was, or whether there was never a problem in the first place.

“I’m not prepared to grant expenses to the defenders and grant them in their cause.”

Picture: Kim Cessford. Maura King and Garry Smith, who took their dispute over light from Arbroath Lawn Tennis Club to Forfar Sheriff Court.