Drone-Policy-_Sept-16.pdf (35.7 KB)
Basically, this was brought in by the council before we had sub 250gm drone rules. If itâs a byelaw then youâd have to approach the council to either rescind the byelaw or at least, re-word the document. 
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Hi Gerry, we reworded the title (it makes searching the topic easier) and moved it to the questions and answers section
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I think my Aunt was Mayor of Chelmsford when that was introduced 
Colchester Council have a similar document, almost word for word, what they donât tell you is most of the areas I wanted to fly are covered by the Colchester Garrisons and you need to request permissions from them, sorry about the long link but it wouldnât copy the link any shorter.
Thank you @milkmanchris 
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Same old waffle about not being allowed to âfly overâ their land. I wish these councils actually understood what they are missing by not understanding the regulations that most of us already know about just doing a basic Exams to gain our licenses.
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Itâs not worth the pdf its written on
Go and fly your Drone Gerry @Olddutch 
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Again more council Tosh!
You can use the local authority tool in Dronescene to find this information
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My reading is that itâs a âpolicyâ and not a by-law. To make it worth the paper itâs written on and to have any force in law, it needs to be a by-law. At least thatâs my understanding. I may be wrong, I was once before 
For the small percentage of users who take the time to do the research before flying, is out weighed by those who just launch fly around and leave, unless your caught doing something wrong, whoâs actually going to be bothered? Bye laws or policies whoâs enforcing it, if they havenât got the time or resources to give us the information, why bother asking, unless itâs for commercial purposes.
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Drone-Policy-_Sept-16.pdf (35.7 KB)
Thanks to you all for taking the time to comment on the Item.
I do have the relevant CAA Flyer ID and and an Operator ID, and even though I am relatively new to Drone flying, I try to be a responsible flyer, following the Drone code.
With all that in mind I will be flying my drone whenever I get a chance in my local area, âEyes wide openâ
I agree with you on that point. A survey of councils seeking confirmation as to whether they had a bylaw, flagged up there doesent appear to be any councils with any. Interestingly listen to the BlackBeltBarrister on Utube, clarifying the whole matter.
The gov.uk website states âA byelaw cannot be made where alternative legislative measures already existâ and the fact the CAA already have legislation in place for air spaceâŚ
Seems to be a few clowncils going down the PSPO ( public space protection order ) route to ban drones these days. Not sure of the legality of this though ?
If councils get a PSPO for an area, where would we find such information ? Hmmmmmm
Iâm in discussion with another Council (not to be mention yet) who have banned drones, and posted up signs to that effect.
I been in correspondence with them and they have no idea of what legislation applies, they sent me a full copy of CAA Regs and a lengthy view from a legal person going on about the EU Regs . Lol.
I pointed where they are and are wrong, taking note of the views of the BlackBeltBarriester. Reminding them they have no bylaw in place and that to obtain it will require scrutiny of the Courts and to endeavour to implement one without the correct process , taking into account there is adequate and legal control already in place would be exceeding their powers.
I also required from them confirmation that the illegal signs be removed and that I would not be subjected to harassment from members of the Council(employees) whilst going about my legal pursuit of flying my drone as long as I adhere to the CAA Code of Practice bearing mind that if I were harassed that would be a CRIMINAL MATTER and I would be well within my right to request the attendance of the Police.
Awaiting another reply.
PS I have now lodge it as a Formal Complaint as well.
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I actually sent a FOI request to Chelmsford council regarding this and they attached a few scanned pdf pages of the actual byelaws which I compiled into this document:
Chelmsford Byelaws.pdf (18.9 MB)
Hereâs what they said:
I am sending this email in response to your Freedom of Information Act 2000 request reference ########. Please use this reference in any subsequent contact relating to this request.
Response
I can confirm that the Council is unable to locate a byelaw which is specific to the use of drones. There is a more generic byelaw relating to pleasure grounds and this byelaw has been attached which has a restriction (point 5) on power-driven model aircrafts. In addition, the Council has a drone policy, which is referenced in your request, and this policy is located online at: https://loveyourchelmsford.co.uk/wp-content/uploads/2020/07/Drone-Policy-_Sept-16.pdf. Even though the policy was agreed in 2016, it remains valid and fit for purpose.
The Council as landowner is entitled to prohibit the taking off, landing, and remote operation or piloting, of drones on its land, including parks and other open spaces e.g. Galleywood Common. This is supported by the drone and model aircraft code item 6 which sets out that flying drones without landowner consent in recreational sites such as parks is not permitted. This item can be found online at: Where you can fly drones | UK Civil Aviation Authority. With this in mind, the question in relation to insurance requirements is not relevant, as our policy prohibits it.
For further clarity, the Councilâs policy decision around drones took the following considerations into account:
⢠The close proximity of many of the Councilâs parks and open spaces or other Council owned land adjacent to neighbouring residential properties and the potential risk of causing alarm, distress or harassment to said occupants.
⢠Potential risk of accident, injury to other visitors to the parks and green spaces or Council property (including buildings and natural features) as a result of user or drone error.
⢠Potential risk of causing alarm, distress or harassment to the wildlife and biodiversity within the Councilâs parks and green spaces.
⢠The Civil Aviation Authority (CAA) âDrone Codeâ specifying that drones must not be flown within 50m from people, vehicles and buildings and/or over congested areas.
⢠Granting permission could leave the Council liable for subsequent actions brought about by drone activity when operated from land in the Councilâs ownership (including over flying land in the Councilâs ownership, even from and to, a destination which may not be in the Councilâs ownership).
Right to Internal Review
If you are dissatisfied with this response or with the way your request has been handled under the Freedom of Information Act, you have the right to ask for your request to be independently reviewed by the Director of Connected Chelmsford. You should set out your representations in writing explaining why you are dissatisfied with this response or the way your request has been handled and send to IR@chelmsford.gov.uk. The review will be conducted in accordance with the Councilâs internal review procedure which is published on its website at https://www.chelmsford.gov.uk/your-council/accessing-information/. You will be notified of the outcome of the review as soon as possible and in any event within 20 working days from receipt of your representations.
Appeal
If you should still remain dissatisfied following the outcome of the review, you may apply to the Information Commissioner for a decision by writing to:
Information Commissionerâs Office
Wycliffe House
Water Lane
Wilmslow, Cheshire, SK9 5AF
Tel: 0303 1231113 or 01625 545745
Yours sincerely,
Hollie Brennan
Information Governance Officer
Chelmsford City Council
