Defining a "built-up area" - interpretation of UK Drone Code

[Andrex]

The UK drone code says that you should "Never fly closer than 150m to built-up areas. Never fly directly over a built-up area." It helpfully includes this graphic:



But how is this defined? For example, in Shrewsbury, UK, could I fly my drone at this location, taking off just by the bank of the river and rising above the River Severn? I have highlighted my interpretation of the edges of the built-up area in blue (conservatively, I might add, as one or two of these are properties in relative isolation) and applied a 150 m buffer.

This does leave a clear zone by the red dot. Accepting that it would not be allowed to fly over the public park to the north of this, what about taking the drone off by the bank of the river, going straight up, and moving slightly over the river channel.



Is all of this likely to be permissible? I'm not especially desperate to fly in this location, but am using this as an example. As far as I interpret it, it would be >50 m from private property, >150 m from the built up area.

Thoughts?

 

[FoxhallGH]

It strikes me that you are putting a whole lot more thought into this than most flyers would! Well done ... However, the CAA Air Nav' Order describes a congested area as:
"A congested area means, ‘in relation to a city, town or settlement, any area which is substantially used for residential, commercial, industrial or recreational purposes’."
This means that the park space you have highlighted could be classed as 'space for recreational purposes' and you may be frowned upon for flying there. Have a look for signs that specifically ban drones, and if there are none, you could cautiously give it a go ... Remember also however, that if there are people (<1000 people) in the park area, you have to maintain a 50 metre clearance from them (or 150 metres if >1000 people). It's not going to be easy to fly in that location without breaking some rule ...

 

[old man mavic]

its almost impossible to fly over any built up area to start with ,because to comply you would have to fly above the 400 ft height rule

 

[Andrex]

However, the CAA Air Nav' Order describes a congested area as:
"A congested area means, ‘in relation to a city, town or settlement, any area which is substantially used for residential, commercial, industrial or recreational purposes’."

OK, but to the river is not really "residential, commercial, industrial" and arguably not really recreational.

Imagine a scenario where you take off 1 m from the river, hover to 1m, then immediately move over the river before then ascending to a point where you are 100 m above the river. From there, you're not above a crowd, and in a straight line the UAV is more than 150 m from the nearest building or structure. Would the flight be legal, even though it was technically taking place within the boundaries of what would commonly be referred to as a town or city?

its almost impossible to fly over any built up area to start with ,because to comply you would have to fly above the 400 ft height rule

Key point here is not over, but within. There is no hypothetical intention to fly over any building, structure, crowd or otherwise.

Taking another example, to the north-west of Shrewsbury is open land associated with the River Severn. At what point, if you were flying in from the NW say, would you define it as entering the "congested area" or "built-up area"?

Would it be permissible to fly in all of the white hatchings as in the left-hand image, or would you need to stop short, for example, as in the right-hand image? Where is the line drawn?

 

[old man mavic]

OK, but to the river is not really "residential, commercial, industrial" and arguably not really recreational.

Imagine a scenario where you take off 1 m from the river, hover to 1m, then immediately move over the river before then ascending to a point where you are 100 m above the river. From there, you're not above a crowd, and in a straight line the UAV is more than 150 m from the nearest building or structure. Would the flight be legal, even though it was technically taking place within the boundaries of what would commonly be referred to as a town or city?



Key point here is not over, but within. There is no hypothetical intention to fly over any building, structure, crowd or otherwise.

Taking another example, to the north-west of Shrewsbury is open land associated with the River Severn. At what point, if you were flying in from the NW say, would you define it as entering the "congested area" or "built-up area"?

Would it be permissible to fly in all of the white hatchings as in the left-hand image, or would you need to stop short, for example, as in the right-hand image? Where is the line drawn?

View attachment 86269

yes within 150m of a built up area or gathering of more than 1000 people you could be flying at 200ft over country side which i often do so i fulfill the 150 ft rule from the odd dwelling and as i approached a larger connabation then i would have to stay 150m away ,if there were many many people going about there daily lives in other words a town but at no point am i flying directly over those people

 

[Hiwayman]

yes within 150m of a built up area or gathering of more than 1000 people you could be flying at 200ft over country side which i often do so i fulfill the 150 ft rule from the odd dwelling and as i approached a larger connabation then i would have to stay 150m away ,if there were many many people going about there daily lives in other words a town but at no point am i flying directly over those people

Isn't this another example where we remind ourselves that this is a 'guide'... bottom line is we must fly safely, using the guide will assist us doing that. Better to be guided than told IMHO.

 

[old man mavic]

you are correct, the only time we are going to hit a problem, is if we are acting stupidly and flying in a dangerous manner, if we do not appear to be following the guidelines,such as hovering over some ones property or flying BVLOS ect

 

[Junkiesgiro]

The UK drone code says that you should "Never fly closer than 150m to built-up areas. Never fly directly over a built-up area." It helpfully includes this graphic:

View attachment 86253

But how is this defined? For example, in Shrewsbury, UK, could I fly my drone at this location, taking off just by the bank of the river and rising above the River Severn? I have highlighted my interpretation of the edges of the built-up area in blue (conservatively, I might add, as one or two of these are properties in relative isolation) and applied a 150 m buffer.

This does leave a clear zone by the red dot. Accepting that it would not be allowed to fly over the public park to the north of this, what about taking the drone off by the bank of the river, going straight up, and moving slightly over the river channel.

View attachment 86254

Is all of this likely to be permissible? I'm not especially desperate to fly in this location, but am using this as an example. As far as I interpret it, it would be >50 m from private property, >150 m from the built up area.

Thoughts?

Built-up areas are defined as land which is ‘irreversibly urban in character’, meaning that they are characteristic of a village, town or city. They include areas of built-up land with a minimum of 20 hectares (200,000 m2; 49 acres). Any areas [separated by] less than 200 metres [of non-urban space] are linked to become a single built-up area.[2]

 

[gnirtS]

Think of it in terms of risk management - it stems from aircraft rules and regulations.
In other words, if something broke is there somewhere open and suitable for a landing without hurting anyone. This is why you're not allowed to directly overfly crowds and other things - if the drone dropped the risk of causing injuries is too high.

If you're looking for an exact definition you wont get one. Basically if it all goes wrong you need to be able to justify your decision in a court of law and convince a judge that you considered the flight safe and took steps to minimise risk to 3rd parties.

 

[The Editor]

Isn't this another example where we remind ourselves that this is a 'guide'... bottom line is we must fly safely, using the guide will assist us doing that. Better to be guided than told IMHO.

No - in the UK it is Law under CAP393 and an act passed by Parliament.
It is not a 'Guide'.
150m standoff from a congested area is required for sub 20kg UAV.
PfCO holders have relaxed standard permissions bringing the distances down to 50m/30m for the same weight class and can be bought down further (or to zero and allow flying in a congested area) by enhanced permissions from the CAA.

 

[fly1]

No - in the UK it is Law under CAP393 and an act passed by Parliament.
It is not a 'Guide'.
150m standoff from a congested area is required for sub 20kg UAV.
PfCO holders have relaxed standard permissions bringing the distances down to 50m/30m for the same weight class and can be bought down further (or to zero and allow flying in a congested area) by enhanced permissions from the CAA.

I am struggling to find the boundaries of this "built-up areas" concept as well. I wish they made it more clear.
The pictures in the Drone Code show 50m from a house. Is that supposed to be a house in the middle of a field - with nothing around it?

As for the CAP393 - also not very sure what means this:
"CAP 393
The Air Navigation Order 2016 and Regulations
Published for the use of those concerned with air navigation, but not to be treated as authoritative" ?

 

[old man mavic]

the definition of a built up area is definitely open to interpretation,a small village with a few houses should be ok to fly over at the 50m minimum on your way from point A to point B
and its the same with roads, just fly over then when there is no traffic directly below ,likewise you would not want to fly directly over a road following the roads direction or a busy motorway or interchange, its all relative to density of people and location at the time of your flight ,the main thing to remember is that because the max height for UAV s is 120m then because you are not allowed to fly closer than 150m to a built up area then you would not be able to fly over large towns or cities anyway