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.
Professor Bernard King, former principal of Abertay University, and his neighbour launched a case against Arbroath Lawn Tennis Club because of perceived light pollution from its six-figure 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.
But the court heard a recent visit found light spill readings were lower than Angus Council’s first visit last year.
For Mr King, solicitor Nick Whelan said his client had “photographic evidence” that cherry-pickers had recently been used on the lights in question, to reduce the light spill.
The defender’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 said: “Works have been carried out by the defender since this called. The expert gave an indication that the readings 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.
But he said there was still a common-law nuisance because of the positioning of lampposts near the residences, and their angle was shifting more light into gardens than the playing field.
An “off the shelf” solution has been proposed to give Mr King and Mr Smith more darkness in the evening.
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 and there was no need for interim orders.”
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.”
