Council byelaws (again !)

Must admit I love case law and ultra vires! Happens a lot in planning #PlanningGeek

To sum up the video - no!

Interesting in his replies he says ‘Even landing/take off is open to [legal] debate/challenge!’

1 Like

Love this chaps videos he’s a barrister who is also a fellow RP.

Also good research on council polices on drones:

https://localgovernmentlawyer.co.uk/regulatory-and-enforcement/190-regulatory-features/42706-will-local-authorities-become-airspace-planners

And his other drone videos:

That is a very interesting video!

Is everyone aware that Drone Scene has a feature that allows you to see the local authority bylaws for each area? This is following the FOI requests and research of Simon Hawkins.

Just click the question mark icon in the right-hand menu bar

2 Likes

The BBB video has had quite a bit of attention but I’m unconvinced. His reference to the ANO (now largely irrelevant to drone users) and to Bernstein (case law surely superseded by the CAA Act) stood out. No mention of PSPOs, which sit under different enabling powers. And I wasn’t convinced by his suggestion that the CAA’s rule as regulator renders council byelaws ultra vires. Maybe unlikely if the byelaw is about nuisance rather than safety.

3 Likes

It might be worth a comment on his video :wink:

Already did!

Don’t know if anyone has seen this, interesting view on byelaws.

@Trailblazer I’ve moved your post to this existing thread where this bowling alley video has been shared and discussed a few times this week.

My bad. Apologies. Instead of another post of same video, can you just delete it rather than move it. Thanks

I spotted an interesting section to a byelaw in Whitehall Gardens by the MOD HQ at the weekend…

It mentions nothing about drones in the sense of …

" A person shall not fly any model aircraft driven by the combustion of petrol vapour or other combustible substance in the open space. "

But at the same time it’s a restricted area so you’ll be nabbed on that by the authorities I guess.