Flying on Hampstead Heath (London)?

Good to know, thanks :slight_smile:

That trump card is part of Section 5 of the Public Order Act and requires someone to complain that they are being harassed, distressed or alarmed by the drone. And to be fair, only accredited police can really enforce that act, as far as I’m aware.

I was doing a strobe visibility test and spot pf photography over Hampstead Heath today with Mini 3 Pro + strobes (so within the 250g to 500g A2 C of C rules), but TOL was from the outside the Heath (by a few inches) from the bottom of Nassington Rd.

I was approached by a Hampstead Heath Constabulary officer. He claimed I was violating bylaw 12 which prohibits the throwing of missiles (ludicrous, no need to comment further) he actually, it turns out he Flies a Mini 2, but sadly had very little of knowledge of the rules, he wrongly believes the ‘high risk’ areas on our maps prohibit flight (one covers pretty well all of London, including the Heath). THE Heath is not high risk on DJI’s map but only because it’s a park it is on Altitude angel’s Maps. But fine to fly, as we all know.

He said If I took off I would be prosecuted. I said I would anyway. He stood in front of landing mat making it impossible to take off safely.

A second, more experienced office turned up with an outdated copy (2017) City of London Heath drone guidance on him. The latest version is dated 2021.

https://democracy.cityoflondon.gov.uk/documents/s157174/Appendix%201%20-%20Hampstead%20Heath%20Drone%20Guidance%202021.pdf (can’t find a non draft version though).

He also told me I couldn’t fly without permission and agreed there was no by-law but claimed it was “against the rules”.

He wanted to see my “drone licence”. Unless an offence is being committed at the time he doesn’t have a jurisdiction beyond Heath boundaries, nonetheless I have was happy to show him my A2 CoC + flyer and operator + flyer ID document.

He contacted his office, which I was happy to wait for and they eventually I was told I was it was legal to fly after all. (the whole incident too took well over 20 minutes on a below freezing day, (brrrrrrr) They pointed out flying over the women’s pond is illegal under Bylaw 32: “No person shall in any open space commit any nuisance contrary to public decency or propriety”. Since some bathe and sunbathe topless I certainly wouldn’t want to alarm them and potentially commit an offence, through I’m not convinced bylaw 32 applies here. 12 year old me tried to get a peek once, but I was chased away :slight_smile: I suspect it’s more a to right privacy since it’s a women only space. I am though no lawyer. Whatever the law it’s certainly common sense.

Also the issue of flying over those who can’t move away quickly arguably applies to swimmers so on that basis I’d play it safe and avoid them too.

He also stated that flying over the mixed swimming Lido pool when open would breach the impropriety bylaw, I’m not convinced (photographing swimmers in mixed bathing suits in a public place is legal) but hey happy to grab pics when it’s closed.

This isn’t the officers fault, they were pleasant enough but they really should be better briefed, it’s waste of all our time. Stressful too.

I have as suggested here, tried to engage with them in the past and tried to get some allowance for SARS for lost dogs too operate on the Heath with no meaningful response at all. I bent over backwards to explain how I will address any safety concerns, including a full risk assessment and my liability insurance, plus the other measures I take to fly responsibly. I also applied for a permit via their web form, and emailed the chap in charge of them just before, I did say saying I had. When I queried why I had heard nothing back he said he never received the application. When I reminded him I had even emailed him to tell him I had he didn’t respond. My suspicion is they never approve or even reply to requests for permits. One of the officers told me he has now left the job, so perhaps it’s time to have another go at engaging.

Sadly their web page still continues to state you can’t fly without a permit, contrary to the law. Hampstead Heath rules and byelaws - City of London

2 Likes

I can’t see how the CPS’s criteria for charging could be met by a safe responsible, legal drone flight

It’s hard to see how that could constitute “uses threatening, abusive or insulting words or behaviour, or disorderly behaviour”. Different if you buzz, chase or follow somebody with a drone of course.

“Causing a disturbance” in a public place is, IMHO not in itself caused by flying a drone responsibly in a public place.*

As the CPS says “Sections 4, 4A and 5 all provide a defence that the conduct was “reasonable” and the courts have tended to regard this defence and Article 10 rights as interlinked.”

https://www.cps.gov.uk/legal-guidance/public-order-offences-incorporating-charging-standard#_Toc23932843

Criminal Justice and Public Order Act 1994
Section 5: Criminal Justice and Public Order Act 1994
(the section with the lowest bar for prosecution and lowest sentence)

Not a lawyer, see legal advice before you rely on this.

  • Not a lawyer, see legal advice before you rely on this.
1 Like

Derbyshire county council have a bye law prohibiting the use of drones, radio controlled cars and radio controlled boats :open_mouth: in or on any council run parks etc :roll_eyes::roll_eyes::roll_eyes:

I wonder if some.of these park rules are an effort to stop people like the recent idiots in Bournemouth seeing a legally flying drone above them and thinking they can also fly their drone from the middle of a busy park.

@SkyOkapi well done on standing your ground :+1:t2:

2 Likes

Shame they cant stop you flying over though ;o)

2 Likes

Ahh yes, but what about me model aircraft carrier on the river Derwent ? I’ve now got nowhere for my fleet of drones to take off from. :joy::joy::joy::joy::joy::joy:

3 Likes

Can I borrow your legion of henchmen? :grinning:

I would have called the Metropolitan Police (the real police!)… Some of these Corporation Park’s Police types are complete Walter Mitty’s!

It certainly hasn’t helped us, but in part because it’s so rare drone stories are newsworthy. Some Commercial and private pilots, bot to mention drivers do stupid dangerous things from time to time but drones are novel technology that the public and some in authority don’t fully understand.

1 Like

I have just seen this video about Council’s creating bylaws for drones from Blackbeltbarrister on Youtube

2 Likes