It seems that local councils don't know what the rules are...

[ianmeg]

So I bought my first drone the other day and have been doing some reading so that I don't get in trouble by breaking any laws or local rules.

I've read the dronesafe.uk website which informs users about not flying over 400 feet and not flying near airports etc. but it doesn't really shed much light on where you can lift off or fly over.

So I contacted the three closest councils to my house in order to get their advice before taking off or flying over their land (such as parks, beaches etc).

All three replied with different answers which makes me think nobody is really that educated on the matter.

1. The first council (Lisburn and Castlereagh) responded stating: 'The Council byelaws are very clear on this issue. You are NOT permitted to fly drones from or over any Council property at any time. Anyone caught doing so will be immediately reported to the police.'

2. The second council (Belfast City) replied saying: 'Thank you for your email. Unfortunately this would not be a matter for the Belfast City Council. You may wish to contact the CAA, please visit their website for more information www.caa.co.uk/Consumers/Unmanned-aircraft-and-drones.'

When I replied to them saying that I intended to fly over their land they replied a second time but gave a different answer this time saying: 'Thank you for your email. Unfortunately flying of drones are not permitted on any Council land.'

3. The final council (Newtownards) replied saying: 'Your enquiry was put through to the Licensing Office. I am afraid this office has no responsibility for this type of activity and I would refer you on to the police.'


So 3 different answers from 3 different councils. One refused, one said to check with the Civil Aviation Authority and one said to ask the police! How can anyone keep themselves right if the councils don't seem to know. I've seen people fly over parks before and surely councils don't own air space even if it is directly above their land so surely they can't enforce someone not flying over a park for example?

 

[DavidJL39]

I am always wary about giving a legal view about issues in Northern Ireland S I do no.t know the extent to which the law over there differs from England.

In England the posiition is that you do have a general right to fly within the limits (minimum and maximum) of the Drone Code and the various No Fly Zones designated by CAA.

But that is a right to fly , not a right to take off and land for which, at least in theory you need the permission of the landowner.

A complicating factor is that Councils: and some other Public Bodies, have posers to make Bye-Laws so without knowing what if any byelaws have been made it’s difficult to offer any general advice.

So far as Inknow there have been no cases decided by the Courts on the validity of Bye=laws which prohibit drone flying.

 

[bushie]

It is a world wide problem. Here many local councils have such laws but the legality of them is questionable. My local council was going to prohibit use of their parks but got legal advise they did not have the power to do so. Others continue to issue fines that may not have the power to do but it will take someone with deep pockets to challenge them.

 

[JakeRobinson]

Why open yourself up to misinformation? Go to the CAA since they are in control of the airspace, correct? See what they say cuz they're the final say on where when and how.

 

[camelman]

You also need to consider that flights aren't allowed within 150m of a congested area. This is defined by the CAA as any area of a city, town or settlement which is substantially used for residential, industrial, commercial or recreational purposes.’