Council byelaws (again !)

Came across this (scroll down to air space)
Does it make any difference to people’s thoughts about flying over council parks etc?

The last few days have been very quiet in terms of wind noise and the noise from vehicles and industry. My Mavic Air has been audible at greater heights and distances than normal. Even so no-one has looked up when I’m flying above 50m.

So I consider that kind of height as being the acceptable minimum for me to fly over land belonging to another person or organisation without either invading their privacy or affecting their enjoyment of the property and its environment.

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Must admit to flying at maximum legal height when heading over houses or any buildings in built up areas / sections just to keep out the way. Dont wish to arouse any attention whatsoever . No sir’ee.

:grin:

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They are noisy beasts. I’ve said before that I have lost VLOS ov my Air at under 200m but I can still hear the damn thing…!

Unfortunately, that’s not for you to decide…

There are other articles in t’web that consider the airspace above you which you can have control over to be about - drum roll - 50m.

As usual with drones, if you look at logically it seems unfair to punish drones for things you don’t punish other people for.
Do you have to be 50m from a house to limit the noise from cars/buses/motorbikes/trains.
Should double decker buses be allowed to drive past allowing people to see over your fence into your upstairs windows?
Should people have to put cameras away when walking past your house and sign up to the data protection legislation?

There is legislation there already concerning privacy if someone was to hover over your garden or outside your window, so why add more?

Well parks could be considered to be another area that you can’t fly over (regardless of any byelaws)
This is the CAA definiton of a congested area.
" A congested area means, ‘in relation to a city, town or settlement, any area which is substantially used for residential, commercial, industrial or recreational purposes’."
So I guess a park would be considered a recreational area so flying is a nono unless done with full risk assessment etc with a PfCO.
Yet another grey area that could be thrown at us. Hopefully some common sense would prevail.

Most parks are covered by by local by laws and flying is not allowed. However, I have found that if you find the description of what the local council means by “model aircraft” Northampton county council description start with model aircraft over 5 Kg !! So maybe their is a window of opportunity.
“Drone” is mentioned in the title in search results but not in the actual description detailed in the bylaw.
I have written to my MP to see if flying in parks or green sites can be relaxed. My basis of the request Is backed up by the new CAA guideline as they class the Mavic Mini a C1 type model.
The risk assessment performed by the CAA concludes that models in this class are of no risk of injury to people or damage to property.
I won’t hold my breath though :grinning:

Been reading up on bylaws on .Gov site take a look at Making a new Byelaw it states

“In carrying out the regulatory assessment, the local authority must consult such persons as it considers may be affected by the proposed byelaw – which may include persons who are not resident in the area of the authority. This is particularly important in relation to byelaws concerning parks and recreation grounds, where those visiting and using public facilities and therefore subject to the byelaws, if made, may not be local residents”

So basically they can’t just make a Byelaws banning drones without proper consultation, that’s how I read it, I suppose this debate could go on and on what it needs is a test case.

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I have read similar articles and I am always a little sceptical of words like”consult” as it is not definitive . I would like to tackle the argument on the basis that drones were not on general sale, and certainly were no as readily available, when the by laws were put in place. In lots of circumstances the petrol used to fuel the RC aircraft was a concern.
By laws are also put in place for the enjoyment of all, so I believe some parks or green areas should be made available for us.

Good point.