Just saw this thread because it’s been bumped but thought I’d say the link to the drone policy in the OP is now broken, but I took the opportunity to look up the current drone policy on Colchester’s site. It’s a blank policy. Other policies · Colchester Borough Council
Looking back at some of the other things discussed in this thread I saw the case law of Hall v. Beckenham Corporation which seems to basically agree with my common-sense interpretation of the law regarding publicly owned parks and other open recreational areas, which is that they are open to the public for the purposes of recreational activity. If you’re licenced to use a drone for recreational purposes, then a council can’t simply say they’re denying you the permission to use it for that. It’s as absurd a standing as if the council said that licenced hams can’t take a radio to the park and use the land for the purpose of making radio contacts. They are using the land for recreation and the council are duty-bound not to interfere with lawful recreational activity. The judge’s wording, though it doesn’t say this explicitly, also suggests a byelaw restricting the recreational use of model aircraft (which under modern definitions includes drones used recreationally) may not stand up well, either.
The passage from Mylawyer.com is partially correct but not entirely as it has some omission to the limitations on it - you can become a trespasser in a park if you break a law or byelaw and are asked to leave in consequence to that. Public bodies like local authorities are very limited in their ability to use landowner permission and it has to be backed by law not just vibe (like a private landowner can) or we would end up in very silly territory like local authorities revoking your implied right of entry to the pavement outside your home so you’re effectively trapped at home or you become a trespasser.
See, I don’t get this. If you’re flying perfectly legally and within the bounds you yourself have set why apologise and land just because someone has asked you to?
Mainly because if I’m flying for fun it’s not worth the agro to argue when I can just take my drone down and fly somewhere else. Of course exactly how I’d react would depend on the details. If it was just an ignorant passer by then I’d probably politely explain why I am in face legal and carry of flying.
However if it’s the landowner or an official then the reality is the law is somewhat vague - so I’d much rather say sorry and move on than get into an argument and risk escalation.
But I should add - this is all hypothetical since I’ve never actually had any problems. So overall I’m saying the same as you - if you’re confident you’re not doing anything wrong then go for it.
If it’s private land then absolutely, land and scarper. If it’s public land, official or not, I would, and have, just completely ignored them until the battery tells me I’ve got to land. Not doing anything wrong then I don’t justify my actions to anyone. The laws aren’t vague at all, as has been set out in case law and confirmed by the CAA.
Hall v. Beckenham really isn’t ambiguous at all as to the right to use public land to recreationally fly aircraft so long as all aspects of your flight are lawful.
Indeed, clear as day. Although set out in 1949 I would assume it still stands and has not been subsequently overtuned.
Quite clear and in a nutshell. If there isn’t a specific bylaw in place and you adhere to the CAA Drone Code and all other applicable regulations you are good to go.
The Public Health Act 1875 which was the statutory law referenced in the case, which defines a public park or recreation ground, is still in force today.
Thank you, I just subscribed! I love the video footage you took of Dedham on the River Stour, and as I live in Colchester myself, I’d love to take my Air 2S there for a flight. Did you have to get special permission, because as much as I’d love to fly there, doesn’t Colchester Council’s rules forbid it? Also, do you have the A2 Certificate of Competency, and have you found it to be useful? I only have the basic Operator ID from the government’s online test, but I was considering getting the A2CoC if it improves my chances of flying legally in Colchester
Hi.
I’m more or less 100% sure Colchester Council have no bylaws or other legislation on their books prohibiting the flight of UAV’s from their land. The only restrictions you’ll have will be from teh CAA and the weight of your drone. I have replied to your comment on my channel
Thank you so much. I’ve just joined British Drone Flyers/BMFA, membership of which affords me some more freedoms when flying my drone under Article 16 (as well as £25m worth of public liability insurance). I’m going to do the A2 Certificate of Competency as well, just to try and cover as many bases as possible lest the arm of the law (or even the general public) think I’m up to no good
Also, I noticed that Colchester BC’s reach only goes as far as the south bank of the River Stour, but not the north side, which falls under Babergh District Council. I’m still trying to get anything specific with regards to their policy on UAVs, but a FOI request shows only some older bylaws that are loosely related (but not specific) to drones. So to be safe, I might use the side of the river opposite the boathouse (if you know the area, it’s a pretty well-known meeting spot for visitors) as my TOAL zone, then fly over the river to my heart’s content
Just an interesting vid from Geeksvana that popped up last week, it’s regarding PSPO’s.
Shaun has a barrister, who is also a drone advocate and flyer on his show answering questions mainly regarding PSPO’s and also regarding one certain case. It’s very informative .
It’s on for an hour, the barrister is plugging his own service, but again it’s interesting from the point of view that if anyone approaches from the local counsel throwing threats of legal action, the worst you have to do is land your drone, pack your kit up, and fire off. Don’t say a word, especially your name, they have to prove in court it was you flying the drone. . Job done.
My advise is don’t bother asking because any council asked will say no you can’t when in fact you legally can. Their policies regarding drone flights are not legislation. We used the land to the North of the river not really knowing where the boundery of public and private land was and fully expecting someone to say something but they didn’t.
Very very few areas of public land have PSPO’s in place and just as few have bylaws specific to teh flight of UAV’s on their land and when you do find PSPO’s in place they are predominently situated in city or town centres and there due to agrivation and nuisance caused by teenagers with attitude.
Just thought it was an interesting watch.
There are more and more councils incorporating UAVs into their already established PSPO’s.
The problem is, they aren’t designed for drones, more like you say, nuisance teenagers and PROPER anti social behaviour.
Short, yes, but it’s a mess, verging on incomprehensible. And before I get jumped on for being a Grammar Nazi, I fully understand that a lot of people struggle with English, and there are many reasons and excuses for this, but I still believe that if you are in any way “official” and are putting things into the public domain, you should do your best to be as clear and concise as possible. It took some effort to unpick the jumble of words up there.
The points being made are,
You do not need landowner permission to take off and land unless
The land is private, or
There is a bylaw in place which specifically prohibits drones
No-one owns the air space above their land and access is open, unless a restriction exists, in which case permission must be sought before flying
Again, I accept the, “it doesn’t matter as long as you are understood,” argument, although I don’t entirely agree with it; there’s a big difference between, “I’m going to be in, Susan. All day,” and, “I’m going to be in Susan all day.”
To add to the above, ‘Dan Halliwell’ says as long as the land isn’t private, TOAL is permitted, yet one could argue that all land in the UK is privately owned, council land included.
So, what counts as public land? Or a different question, does public right of way fall under the same ruling (private land, just public right of way).
I’ve been reading this forum for hours now, and I keep seeing “just TOAL from public land and fly over the parks”… great in theory, but many councils have by-laws in place across very large areas restricing TOAL from “public” parks, roads, pavements, high streets etc (as far as I interpret).
Finally, for all those saying, “I’ve never been challenged”, great, but that doesn’t mean the law isn’t being broken…
While the average drone user most probably turns up and takes to the air, I am getting more and more overwhelmed by the complexity of where we can and can’t fly due to mix wording/ policies/ by-laws etc and the CAA Drone Code does very little to support with this.
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