Groundless prohibition rules (and a nice evening flight around Stonehenge)


Yes beer trumps coffee! :wink::grin::grin::grin:

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I get to DR every so often … I’ll let you know next time I head there. :wink:


Sound like a plan! :grin::grin:


Yea would be great that, when it stops raining:grinning:

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You mean the Mavic 2 isn’t waterproof :sweat_drops::grin::wink::+1:

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Good discussion, clarifies for me my flying around and above Historic Scotland properties .

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Hi, @Dedpunx / James … and, firstly, welcome to GADC.

If you have a moment, perhaps you’d tell us a bit about yourself over on #introductions.

There are some things that differ in Scotland compared to England and Wales. How/If HS differs from its English counterparts, I’m uncertain, but there have been a couple of threads about flying in Scotland …

Outdoor access code Scotland

Drones on National Trust for Scotland properties

… are two that might provide you with useful information.

Also, @callum or @Davester70 might be able to add more specific HS knowledge?


It’s actually a grey area in Scotland. Scottish land rights extend to the air too, but the CAA has deemed Civil Aviation Act 1982, section 76(1) of which provides that no action of trespass or nuisance may arise solely out of the flight of an aircraft over property (whether for commercial or leisure purposes). This is subject to the flight being at a reasonable height and complying with the Air Navigation Order.
But the perception of landowners controlling low airspace persists north of the border (as it does south too I guess). Either way, unless you’re repeatedly annoying a land owner, there’s not much they can do except ask you tio stop…
This adds insight:


Thanks fir the tag @OzoneVibe :blush:

Historic Environment Scotland are of the view that overflight of their properties is not permitted. I’m not sure on what they base that view, or whether they have sought any legal advice in getting to it, but I’m of the view that the Drone Code / ANO pretty much addresses this issue, in that the 50m rule applies. Still, I’ve chosen not to antagonise them by forcing the issue, as they’re a decent bunch, and have not overflown any of their properties.

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I do overfly HES property but wait until it is closed in the evening or first thing in the morning, no crowds good light, no hassle.


It should read, I now wait until morning and evening, previous overflying was done in opening hours :frowning:

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Confirmed today at Hermitage Castle that Historic Environment Scotland will approach you if you are on their land and tell you to stop flying even if there is no one else around.
Litchi waypoints unavailable as no telephone signal only sheep :frowning:
Easily circumvented by diving into the field next to the site.



You only need to fire up Litchi, on your phone, after you’ve created the mission for it to load them onto the phone. You don’t need a signal at the time you’re flying one.

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Just tested that by switching off mobile data and WiFi…something else must have happened at Hermitage as no missions where available.
Must have been the ghosts of the Borders Reivers .

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Or you hadn’t opened Litchi on your phone after creating the missions on your computer? :wink:

Anyway - as you now know - they should be on your phone after you have synced them. (Syncing is automatic when you open the app … with data connection, obviously.)

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Hi everyone,
Thanks @ianinlondon for starting this and everyone whose contributed it made for an interesting read.
I too had a similar situation in my local park where I was going to fly and film tbe castle there. This is open to the public with no control of access or fences to climb to enter the grounds.
I’d found my take off point and was ready to go when I was approached by a dog walker who challenged me about flying and said there was a bylaw that prevented me from doing so. Ok I said let’s go read them shall we !! The park has them displayed in a cabinet in the main carpark.
I knew I was onto a winner as I had already checked them and they were dated 1972, oooo I said no mention of drones here mate , but now we’ve read them together you have to keep your dog on a lead !!! Pah


Love this answer


That was great, how did the gentleman react? To this information?


Just to clarify a point, the 400ft altitude isn’t above you / take off point. It’s from the surface. So if you stand in a valley and fly up the valley side you can fly the SUA 400ft above the top of the hill


I have exactly the same things happen to me, almost always a dog walker that has a chip on their shoulder. I had one fella approach me with his 2 unleashed yappy jack russels circling me ankles, jumping up at me.

He wanted to know what I was doing as drones are not allowed at the location, simple reply of “say’s who” its a public area etc, I carried on walking with dogs still going nuts. I then said to him, you mind leaving the area so I can fly in peace, seeing as that sign over there says “No Dogs Allowed”.

He didn’t like that.

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