No Drones Allowed - Can they say this?

AZDave · Apr 17, 2022

Threads like this are dumb. The OP gave almost no information on where the site is or what kind of entity has jurisdiction over it, and it seems he hadn't bothered to check with that entity to find out more about it. Just about everything else here is just speculation ... like trying to guess what's in a large sealed box in the next room.

Johnnydxxx · Apr 18, 2022

AZDave said:
Threads like this are dumb. The OP gave almost no information on where the site is or what kind of entity has jurisdiction over it, and it seems he hadn't bothered to check with that entity to find out more about it. Just about everything else here is just speculation ... like trying to guess what's in a large sealed box in the next room.

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Here's the background:

Our local Council have appointed 'Seasonal Access Rangers' accross the Highlands with the remit, 'The Rangers will offer a friendly and welcoming approach to engaging with the public to inform and educate people about access rights, wild camping, overcrowding, parking - including overnight parking in motorhomes, littering, fires, damage to trees and outdoor toileting'.

The sign was not erected by the council but was the initiative of a single Ranger who decided that flying drones would be a 'wildlife crime' against dolphins that can be seen on rare occasions out in the large Firth near the site. Thus the magic marker sign. However, there is no restriction to prevent speedboats, jetskis, paddleboards and kayaks etc travelling over their heads. It seems a little hypocritical to have this view since researchers from the highly respected Aberdeen University recently won an acolade for using drones to study if dolphins in the Firth were pregnant or not. A study that was deemed to be non-intrusive to the dolphins. It's rare for the Firth to be anything but choppy with rough water so the researchers had to wait a long time for the waters to be still enough for them to perform their research.

See the article here Drones used to see if dolphins are pregnant

Jamesz · Apr 19, 2022

lostit said:
There is no offence caused by flying a drone in or near a SSSI. The only offence is disturbing nesting birds, flying 150m above nesting birds is very unlikely to disturb them for example. Taking off in a SSSI would be considered trespass and is a civil matter.

Hi
This is not actually true: many SSSI areas have public access, like the moorland areas the Peak District and there is no tresspass involved as they are access land under the CROW act. However drone flying is banned on or over SSSI sites without permission from Natural England - I have gone through this to gain permission for rescue operations and training.

lostit · Apr 23, 2022

Jamesz said:
Hi
This is not actually true: many SSSI areas have public access, like the moorland areas the Peak District and there is no tresspass involved as they are access land under the CROW act. However drone flying is banned on or over SSSI sites without permission from Natural England - I have gone through this to gain permission for rescue operations and training.

Trespass happens when you carry out an activity that has not been authorised, sorry I wasn't clear.

Jamesz · Apr 23, 2022

Trespass happens when you enter land without the landowner's consent. If you do any other activity (at all!) whilst trespassing, that is classed as aggravated trespass, changing from a civil into a criminal offence. The issue with SSSI areas and drones is not about trespass, but that of potential 'damage' to the SSSI caused by the drone's potential impact on flora and fauna, however unlikely this is in practice.

lostit · Apr 23, 2022

Jamesz said:
Trespass happens when you enter land without the landowner's consent. If you do any other activity (at all!) whilst trespassing, that is classed as aggravated trespass, changing from a civil into a criminal offence. The issue with SSSI areas and drones is not about trespass, but that of potential 'damage' to the SSSI caused by the drone's potential impact on flora and fauna, however unlikely this is in practice.

Trespassing | MyLawyer

www.mylawyer.co.uk

examples "enters the theatre and then, having caused a disturbance, refuses to leave the premises."
"If a visitor misbehaves at any time and refuses to leave ". Also aggravated trespass is entering unlawfully (criminal damage to a fence or gate) onto land. You can walk dogs and cycle on MOD land because they give permission. Drive a car? you're now trespassing.

source: SIA qualified.