Council byelaws (again !)

Yes, I told them that I’d registered with CAA and would comply with the Code of Coduct. It took them three weeks to respond, so I don’t think they have a policy.

1 Like

Don’t bother asking , just fly

6 Likes

Councils think they can just put up a sign banning this that or the other. BUT there has to be law passed for them to be able to do it, many councils don’t, they just rely on our British ignorance and abeyance of a sign or person in uniform. The council can only ban you from taking off or landing on land they own, they can’t stop you flying over if you are adhering to the drone code, and if you aren’t, they can only report you to the CAA or Police, it because the airspace is regulated by the CAA.
If a jobsworth or anyone purporting to be acting on behalf of the council tells you that taking off or landing is banned by byelaw, ask to see a copy of the relevant legislation. It’s no good them pointing to the sign and telling you it’s banned.

6 Likes

Or as Milkmanchris says…‘it’s easier to ask forgiveness than ask permission’

5 Likes

I think it gets said every time these questions are asked, common sense and courtesy goes a long way. I regularly fly on the Sefton coastal in various locations some can be busy at times, I have always opted to take off and land in as quite a spot as I can find I have never had an issue, yet I only found out last week from a post on here that as the Sefton Coast is a SSSI any flights are prohibited.

No doubt if I started taking off in busy areas flying low near people trying to relax or play on the beach I would soon have a warden or a police officer feeling my collar.

I am also confident that if a warden or officer was to stop me I highly doubt this would end in criminal charges I am sure I would be asked to move on, and I would do in a respectful manor

4 Likes

And as noted on the other thread, there is no blanket prohibition on flying over a SSSI. It’s generally legal so long as you don’t actually disturb any wildlife.

3 Likes

So I started up a Twitter account and one of my fist posts was Instantly shot down with negative comments regarding flights over SSSI, I requested to see thier specific policy I was directed to thier website that had a broad statement

Which I challenged to say I took off from none SSSI land and caused no disturbance to nature.

They have bounced from one governing body to another and have yet to provide an actual policy for me to read.

And then basically give up speaking to me :thinking::man_facepalming: stating that their policy is clear! It’s far from clear

Have moved your SSSI post over here @TonyDM as it follows on from your Sefton post above.

1 Like

Suggest you send a copy of “CAA have no juristriction over SSSI” to CAA and see their response !

2 Likes

Ask for info on which part of the Sefton coast isn’t an SSSI?

Or just go fly anyway

1 Like

Until I am shown conclusive policys or bylaws this is my intent.

3 Likes

Quite right, because it appears to be complete bollocks. As noted previously, a “policy” has no legal status in and of itself. If they thing it’s illegal, and they can’t cite any legislation, there’s a fair chance that they are wrong.

2 Likes

I have forwarded thier tweets onto the CAA to shed some light. I like their last tweet the best.

I asked them do commercial planes and helicopters have to request to fly over a SSSI, there response “we have explained the councils policy, it is quite clear”.

Well no it isn’t

1 Like

One word of warning: this stretch of coastline does not seem to be owned by the Crown Estate, I assume it is owned by Sefton Council themselves. There may be no substance to their bluster about requiring Natural England permission over a SSSI, but if you TOAL from council land, they can eject you as a trespasser.

Indeed, that may be the only legal way they can enforce their anti-drone policy.

Little point arguing with the jobsworths, though, IMO.

I completely get that they can if they wanted to fo find a way to eject me.

It was just really frustrating that only my third post from a new drone photography twitter account was Instantly shot down by the drone police who have no idea about actual laws so I have sought to educate them as opposed to just be an arse or roll over and have my belly tickled.

I would love someone involved within policy writing within the local council to get involved and apply some common sense. Before I am a drone pilot I am an naturalist, I would never knowingly harm or disturb nature in any way and if this was the case I would gladly move on and fly elsewhere, however if someone simply says u cannot fly here “because we have a policy” this is a different matter :exploding_head:

3 Likes

As per previous replies. A policy isn’t a legal tool, It has to be a byelaw with the correct legal framework applied for and ratified by a court.

1 Like

My local SSSI is a county council managed nature reserve. As I walk past it almost every day and am known to several of the twitchers and wardens I don’t challenge the byelaw by overflying.

Apparently even at 400 feet my Mavic Air will resemble a hawk and disturb the birds, hence no flying. Military helis (en route to the nearby army base) and the coastguard on SAR missions often overfly at rather lower than 400 feet and they are a little larger than my MA

Recently another flyer has been spotted within the reserve flying and hovering at low level and undoubtedly disturbing the wildlife as it very much resembles a hawk:

A rather fine kestrel - but I can’t fly my MA, it will disturb the birds!

Stock Photo
2 Likes

Perhaps the answer is for us ALL to take up falconry … train them to fly low over all the dicks that tell us we can’t … with them all fitted with cameras, of course! :+1:

3 Likes

Next best thing:

2 Likes

And, of course, the falcons need to be trained to shit to order! :+1:

2 Likes