On the subject of FOI Act request by Member

Is it acceptable to raise a further request in the Freedom of Information Act by an individual in respect of a questionable reply which has already been posted by a particular Council, where it appears that the banning of drones was added on the end of a relatively old bylaw prior to when drones were introduced as a recreational and business item. If it had just been added at a later date there would have to be a proper process for the council to follow.
Would it be reasonable to request proof of that consultation process.
Maxpower.

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Nowt stopping you putting in a FOI, go for it.

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Absolutely!!!

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As above, please do :smiley:

If they’re trying to prevent drone flights with dodgy paperwork we should absolutely question it.

Do you want to share the council name or a link to our original FOI?

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I have been reading through some of the Councils FOI replies to Grey Arrows requests and find in some cases they are being economical on the information they provide.
I would like to address in particular the one from Greenwich Council.
Firstly in their reply then make the statement that their Bylaws are NOT DATED.
Question is that legal.?
They then give a link to their “current” Bylaws for Open Spaces, which are NOT DATED but Refer to the previous BYLAWS (dated 18th April 1997) being revoked.
No information as to HOW and WHAT procedure/consultations were given as to when they were REVOKED and the new current one along with the dated details of consultation/procedure were implement and ratified.
Question are they legal?
Reading through the current undated Pleasure Grounds,Parks and Open Spaces Bylaws I find that there are no specific references to the use of Drones, possibly because at the time the Bylaws were written Drones were hardly seen let alone present a problem.
Question. when were they included in the Bylaws and was it done legally through the proper consultation process.
Its possible they are using the Bylaw that restricts the use of Model Aircraft.
I quote the specific Bylaw:
Model Aircraft
28 No person shall without the consent of the Council, cause any POWER-DRIVEN model aircraft to:
(a) take off or otherwise be released for flight or control the flight of such an aircraft in the ground:or
(b) land in the ground without reasonable excuse.
Under the Interpretation (IN THE BYLAWS) of the definition for model aircraft “POWER-DRIVEN” is defined as being driven by the combustion of petrol vapour or other combustable substance.
NO REFERENCE IS MADE TO ELECTRICAL POWER.
This again points to the BYLAWS predating the introduction of Drones and that they have most probably tagged them on the end. thereby having no legal standing.

It is my belief that the Information provided under the FOI Act is as stated less than economical with the truth along with the failure to provide the full information is not meeting the requirements of the FOI Act and needs to be revisited.

I welcome any comments and whether anyone thinks its worth pursuing.
Maxpower.

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Always worth a follow up if just to waste their time on something we all know the answer to

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That applies to the entire UK - not just Greenwich and is a basic requirement for all outdoors drone flights.

… confirmation that there is no other document that prohibits flying a drone in said area exists :man_shrugging:

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… was your point - my point was that the ANO applies to every drone flight and therefore not relevant to this discussion which is about bye-laws and/or any other legal restrictions that may apply solely to Greenwich.
Permissions can be sought and gained for flights in many FRZs. :man_shrugging:

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Hi I’ve actually sent a FOI request to the RoyalBorough Greenwich which includes that question within it. I can’t seem to attach a copy to the message. Is there any other way I can send you a copy.
Sorry if it muddies the water at all. But my request is from an individual not GA.

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Don’t forget to exclude Greenwich Park. That’s a Royal Park which has it’s own regulations and legislation. The Royal Parks and Other Open Spaces Regulations 1997 not only forbid drones, but kites as well!

As long as you are flying within the CAA rules then you wont be endagering person or property.

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