Dear all, newbie here.
I believe I saw a query about EDDC a while ago concerning their Drone policy.
I have spoken to them because they are / were / and still unclear about their Drone policy. This came about because a resident tried to remove me from a recreational area I was well within the CAA rules for flying my DJI mini 2 drone. I dibdny t want any trouble bit sought the views of EDDC and their Done Policy.
Quite frankly although I am a newbie I knew far more than they do about it
The following is cut and pasted from an e mail I received today. It may be useful to those in East Devon
Itās a shame you didnāt stand your ground with the resident, he probably thinks heās in the right now, whereas he was in the wrong for even disturbing you while flying and acting without lawful authority for removing you. Quite simply, for any council to ban drones, they have to have a byelaw, which will have to have gone through the proper legal channels of government, a very long and expensive process. A council can have as many policies as it likes, they arenāt enforceable.
Iām in Brent, London and theyāve put a Public Spaces Protection Order in place covering all Brent parks that forbids all drone use without written consent. Itās in place for 3 years from Sep 2019.
Sadly PSPOs seem to be easier for councils to bring in than a new byelaw. Hope this practice doesnāt spread.
The first thing i would wonder on the PSPO is what is the reason for the blanket ban and how do you obtain written consent? have you tried?
Where I am going is, is it just a visit to show someone you know what the rules are, even just prove you have done your Dmares and A2CofC (if applicable for your drone) ? or is it just a councillor does not like drones in an area in the next county and we thought we would follow suit.
A PSPO is designed to prevent anti social behaviour, Iād very much doubt that drone flying is meant to be covered by this. It is supposed to be reasonable and proportionate which again, I doubt very much it would apply.
if you go to the parks, open spaces, cemetaries & graveyards bit then you can see they think that drone pilots are as much of an anoyance as people urinating and deficating all over the place.
It would seem that the PSPO is draconian, by the very wording thatās used. They are designed to ensure the law-abiding majority can use and enjoy public spaces without experiencing anti-social behaviour.
So if by flying a drone within the law (law abiding) then I would think that Brent council can shove their PSPO where the sun doesnāt shine.
Iām pretty certain that thereās another law which overrides the PSPO which effectively forbids any elected body, government department and police from banning anyone from enjoying the freedom to enjoy their lawful hobby.
As is it is primary legislation, the Human Rights Act over-rides local regulations such as the PSPO, bye-laws, and indeed even the Air Navigation Order (which is mere secondary legislation). Oddly, and Iām sure this was just a slip of the authorās pen, the HRA has very little to say about a right to fly drones
More seriously, bye-laws and PSPOs are both deeply undemocratic. However, in practice there is very little you can do about them. Unless there is a history or likelihood of persistent misuse of drones, a PSPO banning them may be unlawful: but who is actually going to pursue a judicial review?
If they have a policy against flying drones in their park, they can in theory enforce it by declaring you a trespasser and taking reasonable steps to get you to leave. Itās their private land.
An entirely agree with you that these restriction and draconian and not what PSPOs should be used for.
However, Brent in its wisdom has put this one into effect and sadly as far as I know it is legally enforceable - ie the police can issue you with an instant fine for breaching it.
As kvetner says, it may well be that if you were fined you could pursue the matter in court and argue that the PSPO is disproportionate and have it overturned. But of course that means 1000ās in legal fees. In practice Iāll just avoid flying there. Luckily I live right near the boundary with camden where there are (to my knowledge) no drone restrictions - so Iāll just go and fly there.
But the use of such laws is concerning and would be good as a group to work out how best to fight them. I might start a new thread as Iāve rather sidetracked this one!
Hi
I fly in East Devon (responsibly) and have done for the past 12 months, between lockdowns anyway.
Can you tell me where you were when the person spoke to you? I have had zero problems so far in a number of different locations.
Even if ED impose policies/bylaws they will still need someone to patrol/enforce them. Canāt see that happening.
hi steve. as a matter of interest where was it you were flying? i have flown at dawlish warren recently and also outside buckfastleigh. but flying in the torbay area is starting to get the wrong type of interest. am always looking for places to fly
look forward to your reply
stu
No, PSPOs are in name meant to prevent antisocial behaviour but the government that brought them in had very different intentions. And this is exactly the sort of policy creep we were warned against.
Hi Sawnoff & Davalan 1
To put this in perspective. I am a newbie and wanted a quiet area to āpracticeā. Its a DJI Mini 2 (Sub 250gm)
I have a Flyer ID by my choice.
I went to Rodney Close recreation ground. Itās at the bottom of Littleham area in Exmouth. As it was my first time and I do know the ārulesā I was not prepared to stand and argue with the person. It was my choice to move on.
Not least we are in the middle of a Lockdown and whilst I am happy I can stand my ground over the rules I would have been caught out if the Police were called with regard to was I exercising or was I in recreation? A risk I did not want to take.
However, have no fear, once lockdown rules are relaxed I will be going straight back to Rodney Close as this person I believe has a āreputationā and I shall of course let them know they are completely wrong.
On the other front. (Still cautious of Lockdown rules)
I have been on the Estuary edge at Lympstone, quite quiet there.
The top of Foxholes at the far end of the sea front
and the far end of the car park behind Marks and Spencer in Exmouth, overlooking the estuary.
As I said I spoke to EDDC an they do not have a policy and I was advised when they do it will simply be follow the CAA rules. However I am not sure they know how to differentiate between different Drone Classes and weights etc.
