Another Parish Council Question

Legal & Privacy
1

Hi All,

Thought I would add to the pile of parish council posts as I wanted to ask for some advice on how I approach the topic of drones…

Recently on the “community hub” for my local village on Facebook, there has been some minor uproar in relation to drone usage and some very poor advice being handed out by participants within, ranging from the classic “if you see a drone report it to the parish council as they need permission” to “I’ll just shoot it down” (sorry 'ard).

I haven’t bothered at the time of writing this post getting involved, but I intend to with some factual based responses to clear up the complete and utter shit that is coming out in some of the comments.

First up, is the parish councils attempt at a drone policy. I quote in its entirety;

Parish Council agreed at is Parish Council Meeting held on 26th July, 2017 that there should be a Policy or Flying Drones on Parish Council Land.

Drones/Model Aircraft are not flown on or over Parish Council Land or Property except by the emergency services or by prior written permission from Parish Council.

I want to check myself before i wreck myself… As far as I was concerned, I can operate my drone in whatever airspace i like, assuming that I am not in restricted airspace and following the CAA regulations. I can not operate my drone from land owned by the Parish Council without first receiving written permission to do so. Is my understanding correct?

Secondly, I have looked online to try and find a map of the land that is owned by the parish council but I cannot find anything unfortunately. I am not too aware of how it works when it comes to what the parish council own, so perhaps a member here has much more knowledge than I do on this subject area?

I am considering contacting the parish council to ask for clarifications, especially around the airspace point they have made as I believe that they do not have the authority to enforce this, but at the same time I do not want to provoke any arguments with them…

As for the muppets on Facebook, I will add my two cents in time, but right now I am more bothered by the pathetic attempt at a policy from my parish council and want to get some other opinions on it from some much better versed members of the forum.

Any advice / comments would be appreciated! (oh and sorry for the long time no speak, hope everyone is well)

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Sums up perfectly your very eloquent post

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If you write to the clerk of the parish Council thet are legally obliged tp rspond. So ask for a definitive of their land. Then you can comply with the law by not taking off or landing on ther land. I would also just think of the councillirs and what they are expected to sort out. Having been in local government I know that it is so easy for councillors to react to complaints. It is much harder to build consensus and understanding amongst groups. Perhaps you could offer to work with them offering your knowledge and directing them towards the CAA and our own grey arrows docs. I know it can be hard work but I hate the confrontational society we have developed.

Dave

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I could not agree more Dave well put, it is better to try and establish a good communication base in order to eventually show them what most (over) 90% of responsible drone operators do

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I 100% agree with these statements and I am more than willing to work with my local parish council on the matter, however at the same time there is also the local resident opinion to contend with and manage during the process.

I think in terms of the Facebook post, I am going to keep it brief and state that;

The Parish Council do have the authority to enforce rules in relation to operating a UAV from land that they own. (such as take off, land, control etc)

The Parish Council do not have the authority to impose airspace restrictions above their land.

Someone has been banging on about a licence being required by law to operate a drone, I will probably correct this to say that it is simply registration which involves passing a theory test, for a drone that weighs 250g or more.

I don’t want to get to deep in the conversation, and I haven’t posted anything on Facebook for probably 5 years so don’t intend to make it a regular thing, just fed up with muppets who are spreading inaccurate information.

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Don’t be like me and communicate something on Facebook etc when you are typing with emotions high as the words end up coming across as aggressive best to start with the parish council in calm dialog and then go along to parish meetings to discuss and show them all what you do I.e. photos and video of what a responsible drone pilot does and that it does not matter what the weight of the drone is if the pilot is responsible. Ask them if they have any evidence or experience of a bad not respectful drone pilot!!!

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In my mind facebook is the instant chip shop paper of today. Just one post after another with topics rapidly changing especially after a few drinks. Its better than twitter but not much.

I have been posting some of my recent photos of badger behaviour on a closed facebook site. The group looks at them and moves on but does not have a conversation like you would do in this type of forum. Its a shame we have such an instant communication system that actually stops communication!

My experience when working on consensus building for the use and future management of the local moors was is to work slowly and methodically through face to face meetings. That way you personally don’t get wound up and upset.

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Sounds sensible, I do want to straighten out the Facebook conversation first though. I am hoping my drafted essay above will close the matter for the most part.

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Hopefully my drafted up response to the Facebook post above doesn’t fit in the aggressive bucket :slight_smile: I have no reason to get angry about the post thankfully, but irrespective of that point I still want to take the chance to add my two cents…

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Perhaps add that the problem of irresponsible dog owners not clearing up their shit is much more pressing matter that should be dealt with.

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I like the thinking… :rofl: Might use that one at some point!

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ah now dog poo is different. A Parish Council can request that the District/County Council enables them to pass a bye law banning dog poo, its the same with drinking alcohol in the street.

Woolnut I think that your essay hits all the right points in a nice friendly way. I would emphasise that the CAA is the government body responsible for flying in the UK. People may not know that. Can I suggest that if the response is negative don’t be drawn in to an argument. Just work through the parish council they should respect you for that.

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Good shout, I’ll add that in. Yeah I won’t be arguing on Facebook… Will leave that to the regulars!

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I agree with this but I have had many occasions of walking through a wood etc when it’s muddy and some idiot with a large dog off the lead runs and jumps on you with muddy paws :scream::rage:

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Thank you :+1:

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Got to make you laugh… :joy:

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Does the one who likes to take pot shots know that the penalties for endangering an aircraft are alot worse than flying an unregistered drone, and can incure a prison sentence. And under law a drone is classed as an aircraft. And the one who thinks flying over their land is trespass is also wrong.

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I expect not, judging by their attitude, or just incredibly stupid… (probably both)

Would love to see them try though, probably couldn’t shoot a bottle from 20ft away!

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And him racing round on a quad bike isn’t a nuisance. :rofl::rofl::rofl::rofl::rofl::rofl:

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What fun! I would certainly ask the Parish Council to state clearly what land is in their ownership, as it’s entirely possible that the land is actually owned by the district or country council.

Legally it’s all more straightforward than is sometimes made out: if they own the land, then they own the lower airspace, but they don’t control flight within it. Flight that is high enough not to cause a significant nuisance is not trespass. Someone standing on their land while flying a drone without their permission is a trespasser, and their only legal recourse is to ask them to move off the land. If that person is on a public highway or public right of way, they are not trespassing, and the Parish Council have no rights to take action.

As you’ve already suggested, the simplest approach is just to make clear that any policy preventing over-flying has no legal basis and would not be enforceable unless bye-laws were established to support it.

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