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Open Decision Item
210 1
One Corby Policy Committee 5th June 2018
Unmanned Model Aircraft Report
To implement a policy regarding the flying of unmanned model aircrafts and drones and to gain permission to update the byelaw to cover activities permitted on Council recreational land and parks.
1. Relevant Background Details
Over the past few years there have been a rising number of requests to fly drones in Council parks and open spaces. Most of the requests are from members of the public who have purchased a drone and are looking for a space to fly it. The Council also receives a few requests from commercial companies. Existing byelaws for Leisure Grounds, Parks and Open Spaces adopted in July 1972 now also needs updating to cover these advances in technology for flying model aircraft and to also incorporate additional recreational land that the Council has adopted over 46 years.
2. Report
Over the last few years technology regarding drones has advanced significantly with many drones also fitted with recording equipment. The drones have also become more affordable for the general public for recreational activity use.
The regulations for recreational drone flights are contained within the Civil Aviation Authority (CAA) Air Navigation Order 2016 (ANO) which is the primary document for all aviation regulations within the UK. In addition to these regulations the government is introducing that owners of drones weighing 250 grams and over will have to register details of their drones and users will have to sit safety awareness tests to prove that they understand UK safety, security and privacy regulations.
As requests are increasing for flying drones on Council land there may be a risk to the Council if the regulations for recreational drone flights are broken or a member of the public is injured.
It is proposed that the Council adopt an Unmanned Model Aircraft Policy (draft policy attached as appendix 1) that will inform the public on the Council’s position for flying any unmanned model aircrafts from or over Council land.
Within the document it is proposed that it will state that:
“drones or model aircrafts may not be flown from or above council land without permission granted by Corby Borough Council.
Permission will only be granted, where the usage of a drone device aids risk reduction in the work place such as working at height, land and building survey work and or undertake a professional service such as festivals & events media.
An exemption will be granted to Emergency Services to aid their work and to their named pilot(s) to maintain their Permission of Commercial Operation licence in accordance with the regulations within the Air Navigation Order (ANO)”.
There are a number of reasons why this policy is now required:
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1. Without any Council policy, this could leave the authority liable for subsequent actions brought about by drone and model aircraft activity when operated from land under our ownership.
2. The close proximity of many of our sites to neighbouring residential and business properties and the potential risk of causing disturbance, annoyance or harassment to occupants and the users of public open space.
3. Potential risk of accident, injury to other site users or property as a result of user or drone error.
This policy does not allow for the general public to fly an unmanned aircraft including drones from or over CBC land. Some other local Authorities have introduced similar policies but have designated an area of land that can be used specifically for recreation use of drone and model aircraft activity that doesn’t impact on points 2 and 3 above. This would be the ideal option however this cannot be considered as presently the Council does not have any land that would be suitable.
To be able to enforce the policy the byelaw for Leisure Grounds Parks and Open Spaces will be updated (draft byelaw attached as appendix 2). There is a list of recreation and park areas within the byelaw where the flying of unmanned model aircrafts and drones will not be permitted. These areas may be reviewed as part of the public consultation.
Within the proposed new byelaw some activities such as skateboarding, children’s play areas and field sports have been separated out under their own heading for ease of understanding. Other activities such as model boats, metal detecting, overnight parking, camping and fires are new activities included in the byelaw.
Updating the byelaw is a fairly lengthy process with the draft byelaw having to go for public consultation before being submitted to the Secretary of State for a decision on allowing the byelaw to be progressed. If this stage is approved further community consultation is required. 3. Options to be considered (if any) Option 1 – Do nothing Do nothing and allow members of the public to fly drones from or above Council land. This is not a preferred option as this could leave the authority liable for any action brought about by drone and model aircraft activity. Option 2 – Allow the flying of unmanned aircrafts from or over delegated areas An area of land could be identified for flying drones but due to the recreational areas being in close proximately to residential or business properties or having a high number of visitors it has proven difficult to identify anywhere suitable. Option 3 – Restricted flying of unmanned aircrafts from or over Council land This is the preferred option. Drones or Model Aircrafts may not be flown from or above council land without permission granted by Corby Borough Council. Permission would only be approved where usage of a drone device aids risk reduction in the work place such as working at height, land and building survey work and or undertake a professional service such as festivals & events media. Permission would also be granted to the Emergency Services to meet the regulations to maintain their flying license as the Civil Aviation Authority has an exemption for permission requests for drones to be flown by the Emergency Services to aid in their line of work. Option 4 – No flying of unmanned aircrafts from or over Council land
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No permission will be granted to any person or organisation requesting to fly a drone from or over council land. The Emergency Services will be exempt from this if the flying of a drone aids their work. This exemption is in line with the Civil Aviation Authorities regulations.
4. Issues to be taken into account:-
Policy Priorities
The introduction of a policy regarding flying unmanned model aircrafts from or over Council land allows officers to be consistent in their approach when dealing with requests from Members of the public. In addition the policy offers some protection to the Council from any liability claims that may arise.
Financial
There would be some financial costs for the public consultation on changing the byelaw and this being advertised in local press. There will also be a cost for producing signs for each identified area to make the public aware of activities not permitted on the land to make the byelaw enforceable.
Risk
There is a risk to the Council if an unmanned flying model aircraft injures a person or damages property when it is being flown from Council land, the introduction of a policy reduces this risk.
Legal
The proposed change in the byelaw must have public consultation before being submitted to the Secretary of State for a decision to progress. If approved, further consultation will be undertaken before the byelaw is adopted.
Performance Information
The updating of the byelaw and the community consultation will be undertaken jointly by staff in Culture and Leisure and Legal Services.
Human Rights
Not applicable to this report.
Equalities
Within the report permission will not be granted to members of the general public wanting to fly unmanned model aircrafts and drones from or over Council land as a recreational activity. This will be covered in the equality assessment report.
Community Safety
Restricting or not giving permission to flying unmanned aircrafts or drones, especially ones with recording devices attached, protects residents and visitors to the Councils parks from unauthorised filming and the potential risk of causing disturbance, annoyance or harassment to occupants.
Unauthorised users will be asked to cease flying and if this is refused could result in the Police to be involved.
Conclusion
The Civil Aviation Authority recognises that unmanned flying model aircrafts and drones are rising in popularity and have introduced regulations for their use. This is reflected in the rising number of requests from members of the public to fly drones in parks and open spaces within the Borough.
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To allow staff to be consistent when dealing with these enquiries and to protect the Council from any liability from the flying of the aircrafts a policy needs to be in place. To enforce the policy the outdated byelaw needs to be revised to reflect the advancement in technology and the expansion of the borough.
Allowing restricted use of the unmanned model aircrafts and drones seems the most sensible approach, although the general public will not be authorised to fly personal aircrafts or drones unless a designated area can be identified as part of the public consultation. Areas may be ruled out due to high usage by the public or the proximity to roads, housing or commercial properties.
5. Recommendations
The Committee:-
i) approve Option Three in agreeing the restricted flying of unmanned model aircrafts from or over Council land; and
ii) recommend to Full Council the updating of the byelaw for pleasure grounds, public walks and open spaces.
Background Papers
Corby Borough Council, byelaws with respect to the regulation of recreational grounds and other open spaces July 1972.
The Civil Aviation Authority (CAA) Air Navigation Order 2016 (ANO) www.caa.co.uk
Guidance on Local Government Legislation for on byelaws www.gov.uk
List of Appendices
Appendix 1 - Unmanned Model Aircraft and Drone Policy
Appendix 2 - Proposed updated byelaw for pleasure grounds, public walks and open spaces.
Officer to Contact
Julie McKinnon, Principal Leisure Officer, telephone 01536 464043.
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Corby Borough Council Drone & Model Aircraft Policy
2018
April 2018 Culture and Leisure www.corby.gov.uk
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Contents Corby Borough Council’s Policy Park Enforcement & Bylaws Civil Aviation Authority Guidance
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Corby Borough Council’s Policy on Drone and Model Aircraft Usage Corby Borough Council (CBC) has introduced a Drone and Model Aircraft Policy in response to an upsurge in public request and usage occurrences on council land including parks and public open spaces. Drones or Model Aircrafts may not be flown from or above council land without permission granted by Corby Borough Council. Permission will only be granted, where usage of drone device aids risk reduction in the work place such as working at height, land and building survey work and or undertake a professional service such as festivals & events media. An exemption will be granted to The Emergency Services to aid their work and to their named pilot(s) to maintain their Permission of Commercial Operation licence in accordance with the regulations within the Air Navigation Order (ANO). The reasons for this policy for recreational or commercial requests are:
CBC granting permission could leave the authority liable for subsequent actions brought about by drone and model aircraft activity when operated from land under our ownership.
The close proximity of many of our sites to neighbouring residential and business
properties and the potential risk of causing disturbance, annoyance or harassment to occupants and the users of public open space.
Potential risk of accident, injury to other site users or property as a result of user or
drone error. How to Request Permission In writing or by email to; Head of Culture and Leisure Corby Borough Council 2nd Floor, Deene House New Post Office Square Corby, Northants NN17 1GD Email: [email protected] Provide the following:
1. A description of the purpose of the flight(s) 2. A copy of you PfCO license issued from the Civil Aviation Authority 3. A copy of your public liability insurance (minimum £5 million) 4. A copy of your flight plan including launch and landing points 5. A copy of the risk assessment for your proposed flight
Upon receipt of these documents, consideration and approval/rejection will be given within 10 working days.
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The UK Law If you are using a drone or model aircraft for personnel use then you are governed by the Civilian Aviation Authority (CAA) Air Navigation Order 2016, specifically Article 241 (endangering the safety of any person or property), Article 94 (small unmanned aircraft ) and Article 95 (small unmanned surveillance aircraft). This is the law and you can, and individuals have been, prosecuted for breaking it.
Corby Borough Council Park Enforcement and Bylaws If person / persons are found to be using a drone device or Model Aircraft from Corby Borough Council land without a letter of permission they will be instructed to stop immediately. If the user refuses to stop, the Police will be called to attend to cease activity and remove the user from Corby Borough Council land and subsequent action may be taken under the Council byelaws. The Council’s Byelaws for Pleasure Grounds, Public Walks and Open Spaces 2018 state that:
Part 6 – Model Aircraft
“model aircraft” means an aircraft which weighs not more than 7 kilograms without its fuel;
“power-driven” means driven by:
(a) the combustion of petrol vapour or other combustible substances;
(b) jet propulsion or by means of a rocket, other than by means of a small reaction motor powered by a solid fuel pellet not exceeding 2.54 centimetres in length; or
(c) one or more electric motors or by compressed gas.
“radio control” means control by a radio signal from a wireless transmitter or similar device.
General prohibition
No person shall 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.
without the consent of the Council.
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Civil Aviation Authority Guidance The regulations for recreational drone flights are contained within the Air Navigation Order
2016 (ANO) which is the primary document for all aviation regulations within the UK. In
addition to these regulations the government is introducing that owners of drones weighing
250 grams and over will have to register details of their drones and users will have to sit
safety awareness tests to prove that they understand UK safety, security and privacy
regulations.
In simple terms, these regulations state that:
you are responsible for flying your drone in a safe manner
you must keep the drone in your direct sight at all times while it is flying, so that
you can ensure that it does not collide with anything, especially other aircraft
you must not endanger anyone, or anything with your drone, including any articles
that you drop from it
if your drone weighs more than 7kg, additional rules apply if you fly in certain types
of airspace and you must not fly above 400ft above the surface
If your drone is fitted with a camera, there are also a number of additional
limitations surrounding where you can fly it, and how close you can fly it to other
uninvolved people or objects. In order to be able to fly within these areas, or closer
than the minimum distances that are in the regulations, you must obtain prior
permission from the CAA to do so. (information on permission required by the
CAA can be found at https://www.caa.co.uk/Consumers/Unmanned-
aircraft/Recreational-drones/Permissions-and-exemptions-for-drone-flights/).
Regulations relating to the use of drones for commercial work
There are some specific additional steps that must be taken if a drone is being flown for
commercial operations.
Essentially, the person controlling a small Unmanned Aircraft System (UAS) is fully responsible for the safe operation of any flight, but it is important to consider whether permission (not a licence) from the CAA is needed. Permission must be requested from the CAA if you plan to:
fly the aircraft on a commercial basis (i.e. conducting ‘aerial work’) or fly a camera/surveillance fitted aircraft within congested areas or closer (than the
distances listed within Article 167) to people or properties (vehicles, vessels or structures) that are not under your control
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The Civil Aviation Authority, Air Navigation articles:
Article 241 – endangering safety of any person or property
A person must not recklessly or negligently cause or permit an aircraft to endanger
any person or property
Article 94 – small unmanned aircraft
(1) A person must not cause or permit any article or animal (whether or not
attached to a parachute) to be dropped from a small unmanned aircraft so as to
endanger persons or property.
(2) The person in charge of a small unmanned aircraft may only fly the aircraft if
reasonably satisfied that the flight can safely be made.
(3) The person in charge of a small unmanned aircraft must maintain direct,
unaided visual contact with the aircraft sufficient to monitor its flight path in
relation to other aircraft, persons, vehicles, vessels and structures for the
purpose of avoiding collisions.
(4) The person in charge of a small unmanned aircraft which has a mass of more
than 7kg excluding its fuel but including any articles or equipment installed in or
attached to the aircraft at the commencement of its flight, must not fly the
aircraft:
(a) in Class A, C, D or E airspace unless the permission of the appropriate air
traffic control unit has been obtained;
(b) within an aerodrome traffic zone during the notified hours of watch of the
air traffic control unit (if any) at that aerodrome unless the permission of
any such air traffic control unit has been obtained;
or
(c) at a height of more than 400 feet above the surface unless it is flying in
airspace described in sub-paragraph (a) or (b) and in accordance with the
requirements for that airspace.
(5) The person in charge of a small unmanned aircraft must not fly the aircraft for
the purposes of commercial operations except in accordance with a permission
granted by the CAA.
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Article 95 – small unmanned surveillance aircraft
(1) The person in charge of a small unmanned surveillance aircraft must not fly the
aircraft in any of the circumstances described in paragraph (2) except in
accordance with a permission issued by the CAA.
(2) The circumstances referred to in paragraph (1) are:
(a) over or within 150 metres of any congested area;
(b) over or within 150 metres of an organised open-air assembly of more than
1,000 persons;
(c) within 50 metres of any vessel, vehicle or structure which is not under the
control of the person in charge of the aircraft;
or
(d) subject to paragraphs (3) and (4), within 50 metres of any person.
(3) Subject to paragraph (4), during take-off or landing, a small unmanned
surveillance aircraft must not be flown within 30 metres of any person.
(4) Paragraphs (2)(d) and (3) do not apply to the person in charge of the small
unmanned surveillance aircraft or a person under the control of the person in
charge of the aircraft.
(5) In this article 'a small unmanned surveillance aircraft' means a small unmanned
aircraft which is equipped to undertake any form of surveillance or data
acquisition.
For a full copy of the CAA policy please visit www.caa.co.uk alongside further information and
guidance on operation, safety, formal permission request etc.
References
Civil Aviation Authority www.caa.co.uk
Air Navigation Order 2016 www.caa.co.uk
www.gov.uk
www.burnley.gov.uk
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DCLG (Feb 2013)
CORBY BOROUGH COUNCIL
BYELAWS FOR PLEASURE GROUNDS, PUBLIC WALKS AND OPEN SPACES
ARRANGEMENT OF BYELAW
PART 1
GENERAL
1. General interpretation
2. Application
3. Opening times
PART 2
PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC
4. Protection of structures and plants
5. Unauthorised erection of structures
6. Climbing
7. Grazing
8. Protection of wildlife
9. Gates
10. Camping
11. Fires
12. Missiles
13. Interference with life-saving equipment
PART 3
HORSES, CYCLES AND VEHICLES
14. Interpretation of Part 3
15. Horses
16. Cycling
17. Motor vehicles
18. Overnight parking
DCLG (Feb 2013) 2
PART 4
PLAY AREAS, GAMES AND SPORTS
19. Interpretation of Part 4
20. Children’s play areas
21. Children’s play apparatus
22. Skateboarding, etc
23. Ball games
24. Cricket
25. Archery
26. Field sports
27. Golf
PART 5
WATERWAYS
28. Interpretation of Part 5
29. Bathing
30. Ice skating
31. Model boats
32. Boats
33. Fishing
34. Pollution
35. Blocking of watercourses
PART 6
MODEL AIRCRAFT
36. Interpretation of Part 6
37. Model aircraft
PART 7
OTHER REGULATED ACTIVITIES
38. Provision of services
39. Excessive noise
40. Public shows and performances
41. Aircraft, hang-gliders and hot air balloons
42. Kites
43. Metal detectors
DCLG (Feb 2013) 3
PART 8
MISCELLANEOUS
44. Obstruction
45. Savings
46. Removal of offenders
47. Penalty
48. Revocation
SCHEDULE 1 - Grounds to which byelaw applies
DCLG (Feb 2013) 4
Byelaws made under section 164 of the Public Health Act 1875, section 15 of the
Open Spaces Act 1906 and sections 12 and 15 of the Open Spaces Act 1906 by
Corby Borough Council with respect to pleasure grounds, public walks and open
spaces.
PART 1
GENERAL
General Interpretation
1. In these byelaws: “the Council” means Corby Borough Council; “the ground” means any of the grounds listed in the Schedule; “designated area” means an area in the ground which is set aside for a
specified purpose, that area and its purpose to be indicated by notices placed in a conspicuous position;
“invalid carriage” means a vehicle, whether mechanically propelled or not,
(a) the unladen weight of which does not exceed 150 kilograms,
(b) the width of which does not exceed 0.85 metres, and
(c) which has been constructed or adapted for use for the carriage of a person suffering from a disability, and used solely by such a person.
Application
2. These byelaws apply to all of the grounds listed in the Schedule unless
otherwise stated. Opening times 3. (1) No person shall enter or remain in the ground except during opening
hours. (2) “Opening hours” means the days and times during which the ground is
open to the public and which are indicated by a notice placed in a conspicuous position at the entrance to the ground.
DCLG (Feb 2013) 5
PART 2
PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC Protection of structures and plants 4. (1) No person shall without reasonable excuse remove from or displace
within the ground:
(a) any barrier, post, seat or implement, or any part of a structure or ornament provided for use in the laying out or maintenance of the ground; or
(b) any stone, soil or turf or the whole or any part of any plant,
shrub or tree.
(2) No person shall walk on or ride, drive or station a horse or any vehicle over:
(a) any flower bed, shrub or plant; (b) any ground in the course of preparation as a flower bed or for
the growth of any tree, shrub or plant; or (c) any part of the ground set aside by the Council for the
renovation of turf or for other landscaping purposes and indicated by a notice conspicuously displayed.
Unauthorised erection of structures 5. No person shall without the consent of the Council erect any barrier, post, ride
or swing, building or any other structure. Climbing 6. No person shall without reasonable excuse climb any wall or fence in or
enclosing the ground, or any tree, or any barrier, railing, post or other structure.
Grazing 7. No person shall without the consent of the Council turn out or permit any
animal for which he is responsible to graze in the ground. Protection of wildlife 8. No person shall kill, injure, take or disturb any animal, or engage in hunting or
shooting or the setting of traps or the laying of snares. Gates 9. (1) No person shall leave open any gate to which this byelaw applies and
which he has opened or caused to be opened.
DCLG (Feb 2013) 6
(2) Byelaw 9(1) applies to any gate to which is attached, or near to which is displayed, a conspicuous notice stating that leaving the gate open is prohibited. Camping 10. No person shall without the consent of the Council erect a tent or use a
vehicle, caravan or any other structure for the purpose of camping except in a designated area for camping.
Fires 11. (1) No person shall light a fire or place, throw or drop a lighted match or
any other thing likely to cause a fire. (2) Byelaw 11(1) shall not apply to: (a) the lighting of a fire at any event for which the Council has given permission that fires may be lit; or (b) the lighting or use, in such a manner as to safeguard against damage or danger to any person, of a properly constructed camping stove, in a designated area for camping, or of a properly constructed barbecue, in a designated area for barbecues. Missiles 12. No person shall throw or use any device to propel or discharge in the ground
any object which is liable to cause injury to any other person. Interference with life-saving equipment 13. No person shall except in case of emergency remove from or displace within
the ground or otherwise tamper with any life-saving appliance provided by the Council.
PART 3
HORSES, CYCLES AND VEHICLES Interpretation of Part 3 14. In this Part: “designated route” means a route in or through the ground which is set aside
for a specified purpose, its route and that purpose to be indicated by notices placed in a conspicuous position;
“motor cycle” means a mechanically-propelled vehicle, not being an invalid
carriage, with less than four wheels and the weight of which does not exceed 410 kilograms;
“motor vehicle” means any mechanically-propelled vehicle other than a motor
cycle or an invalid carriage;
DCLG (Feb 2013) 7
“trailer” means a vehicle drawn by a motor vehicle and includes a caravan. Horses 15. (1) No person shall ride a horse except in the exercise of a lawful right
or privilege. (2) Where horse-riding is permitted by virtue of a lawful right or
privilege, no person shall ride a horse in such a manner as to cause danger to any other person.
Cycling 16. No person shall without reasonable excuse ride a cycle in the ground except
in any part of the ground where there is a right of way for cycles or on a designated route for cycling.
Motor vehicles 17. (1) No person shall without reasonable excuse bring into or drive
in the ground a motor cycle, motor vehicle or trailer except in any part of the ground where there is a right of way or a designated route for that class of vehicle.
(2) Where there is a designated route for motor cycles, motor vehicles or trailers, it shall not be an offence under this byelaw to bring into or drive in the ground a vehicle of that class for the sole purpose of transporting it to the route. Overnight parking 18. No person shall without the consent of the Council leave or cause or permit to
be left any motor vehicle in the ground between the hours of 10 p.m. and 5 a.m..
PART 4
PLAY AREAS, GAMES AND SPORTS
Interpretation of Part 4 19. In this Part: “ball games” means any game involving throwing, catching, kicking, batting or running with any ball or other object designed for throwing and catching, but does not include cricket; “golf course” means any area within the ground set aside for the purposes of playing golf and includes any golf driving range, golf practice area or putting course;
DCLG (Feb 2013) 8
“self-propelled vehicle” means a vehicle other than a cycle, invalid carriage or pram which is propelled by the weight or force of one or more persons skating, sliding or riding on the vehicle or by one or more persons pulling or pushing the vehicle. Children’s play areas 20. No person aged 14 years or over shall enter or remain in a designated area
which is a children’s play area unless in charge of a child under the age of 14 years.
Children’s play apparatus 21. No person aged 14 years or over shall use any apparatus stated to be for the
exclusive use of persons under the age of 14 years by a notice conspicuously displayed on or near the apparatus.
Skateboarding, etc 22. No person shall skate, slide or ride on rollers, skateboards or other self-
propelled vehicles in such a manner as to cause danger or give reasonable grounds for annoyance to other persons.
Ball games 23. No person shall play ball games outside a designated area for playing ball
games in such a manner: (a) as to exclude persons not playing ball games from use of that part; (b) as to cause danger or give reasonable grounds for annoyance to any
other person in the ground; or (c) which is likely to cause damage to any tree, shrub or plant in the ground. Cricket 24. No person shall throw or strike a cricket ball with a bat except in a designated
area for playing cricket. Archery 25. No person shall engage in the sport of archery except in connection with an
event organised by or held with the consent of the Council. Field sports 26. No person shall throw or put any javelin, hammer, discus or shot except in
connection with an event organised by or held with the consent of the Council.
DCLG (Feb 2013) 9
Golf 27. No person shall drive, chip or pitch a hard golf ball except on the golf course.
PART 5
WATERWAYS
Interpretation of Part 5 28. In this Part: “boat” means any yacht, motor boat or similar craft but not a model or toy
boat; “power-driven” means driven by the combustion of petrol vapour or other
combustible substances; “waterway” means any river, lake, pool or other body of water and includes any fountain. Bathing 29. No person shall without reasonable excuse bathe or swim in any waterway. Ice skating 30. No person shall step onto or otherwise place their weight upon any frozen
waterway. Model boats 31. No person shall operate a power-driven model boat on any waterway except
in a designated area for model boats. Boats 32. No person shall sail or operate any boat, dinghy, canoe, sailboard or
inflatable on any waterway without the consent of the Council. Fishing 33. No person shall in any waterway cast a net or line for the purpose of catching
fish or other animals except in a designated area for fishing and being in possession of the appropriate license.
Pollution 34. No person shall foul or pollute any waterway.
DCLG (Feb 2013) 10
Blocking of watercourses 35. No person shall cause or permit the flow of any drain or watercourse in the
ground to be obstructed, diverted, open or shut or otherwise move or operate any sluice or similar apparatus.
PART 6
MODEL AIRCRAFT Interpretation of Part 6 36. In this Part: “model aircraft” means an aircraft which weighs not more than 7 kilograms
without its fuel; “power-driven” means driven by: (a) the combustion of petrol vapour or other combustible substances; (b) jet propulsion or by means of a rocket, other than by means of a small reaction motor powered by a solid fuel pellet not exceeding 2.54 centimetres in length; or (c) one or more electric motors or by compressed gas. “radio control” means control by a radio signal from a wireless transmitter or similar device. General prohibition 37. No person shall 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. without the consent of the Council.
PART 7
OTHER REGULATED ACTIVITIES
Provision of services 38. No person shall without the consent of the Council provide or offer to provide
any service for which a charge is made.
DCLG (Feb 2013) 11
Excessive noise 39. (1) No person shall, after being requested to desist by any other
person in the ground, make or permit to be made any noise which is so loud or so continuous or repeated as to give reasonable cause for annoyance to other persons in the ground by:
(a) shouting or singing; (b) playing on a musical instrument; or (c) by operating or permitting to be operated any radio, amplifier,
tape recorder or similar device. (2) Byelaw 39(1) does not apply to any person holding or taking part in
any entertainment held with the consent of the Council. Public shows and performances 40. No person shall without the consent of the Council hold or take part in any
public show or performance. Aircraft, hang gliders and hot air balloons 41. No person shall except in case of emergency or with the consent of the
Council take off from or land in the ground in an aircraft, helicopter, hang glider or hot air balloon.
Kites 42. No person shall fly any kite in such a manner as to cause danger or give
reasonable grounds for annoyance to any other person. Metal detectors 43. No person shall without the consent of the Council use any device designed
or adapted for detecting or locating any metal or mineral in the ground.
PART 8
MISCELLANEOUS Obstruction 44. No person shall obstruct: (a) any officer of the Council in the proper execution of his duties; (b) any person carrying out an act which is necessary to the proper execution of any contract with the Council; or (c) any other person in the proper use of the ground.
DCLG (Feb 2013) 12
Savings 45. (1) It shall not be an offence under these byelaws for an officer of the
Council or any person acting in accordance with a contract with the Council to do anything necessary to the proper execution of his duty.
(2) Nothing in or done under these byelaws shall in any respect prejudice or injuriously affect any public right of way through the ground, or the rights of any person acting lawfully by virtue of some estate, right or interest in, over or affecting the ground or any part of the ground. Removal of offenders 46. Any person offending against any of these byelaws may be removed from the
ground by an officer of the Council or a constable. Penalty 47. Any person offending against any of these byelaws shall be liable on
summary conviction to a fine not exceeding level 2 on the standard scale. Revocation 48. The byelaws made by The Urban District of Corby on 6th March 1972 and
confirmed by The Secretary of State 25th July 1972 relating to the grounds are hereby revoked.
DCLG (Feb 2013) 13
SCHEDULE 1
GROUNDS TO WHICH BYELAW APPLY
Abington playing fields Becks Green Berryfield Road, Cottingham Boating Lake Breck Close Play Area Burghley Drive Butland Road Cambridge Ave Carlton Close Play Area Charterfield Old Village( Including play area) Coldermeadow ( Colyers Ave) Coronation Park Counts Farm Road Cransley Gardens Danesholme recreation Ground East Carlton Countryside Park Ennerdale Play Area Great Oakley Meadow Hazel Leys (stream side) Hazel Wood Kingsley Drive Kirby Road Play Area Kingsley Drive Play Area Kingswood (Boston Close) Kingswood Nature Reserve Lynton Grove Mantlefield (Worksop Gardens) Merestone Road Norfolk Close Play Area North Lawn ( Glastonbury Road) Ollerton Walk Play Area Rockingham Triangle Rockingham Play Area Rose Garden Play Area Stanion Play Area Stavanger Close Play Area Stephenson Way Spinney Road Play Area Studfall Ave Shetland Way Shire Lodge (Derwent Walk) Southall Road Thoroghsale and Hazel Woods Waver Close Weldon Woodland Park West Glebe Park Wharfedale Road
DCLG (Feb 2013) 14
Woodsend (including play area) Yardley Close Play Area
DCLG (Feb 2013) 15
DCLG (Feb 2013) 16
DCLG (Feb 2013) 17
Equality Questionnaire
This Equality Questionnaire must be completed to enable a decision as to whether a full Equality Impact Assessment should be carried out. For further information see the guidance notes.
Name of the policy, strategy or project: Unmanned Aircraft and Drone Policy
Department and Section: Culture and Leisure – Community
Lead Officer: Julie McKinnon
Contact Details: 01536 464043
1.
What is the main purpose of this policy/project? To implement a policy regarding the flying of unmanned aircrafts and drones from or over Corby Borough Council land.
2. Who are its beneficiaries? Corby Borough Council, residents.
3.
Has consultation on the proposal been undertaken?
Yes No
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Who will be/has been consulted with:
4. Has this consultation highlighted any negative impact?
Yes No
N/A N/A
If yes, please state the negative impact: Consultation has not yet taken place but will do as part of updating the byelaw to cover the advancement of technology and the adoption of land in the borough. There will be negative impact on members of the general public wanting to fly unmanned aircrafts and drones from or over Council land as this will not be permitted.
5. What systems are in place to monitor its impact? The updating of the byelaw and implementation of the policy will not be completed until a community consultation is completed. Through this process an area of land may be identified where the flying of aircrafts and drones can be permitted.
6. Does the proposal contribute towards one of the 3 aims of the General Equality Duty?
Yes No
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Explain (general equality duties are listed at the foot of this form): The proposal will ensure that all members of the public will be treated fairly, and a policy will be able for them to view and adhere to. The proposal will also reduced the possibility of direct discrimination from intentional or non intentional harassment or victimisation of individuals within the community. Those that breach the
bylaw may have appropriate action taken against them. This will make a positive contribution toward fostering good relations within the community, as drone users will be aware of the boundaries of use in the area.
7. Which group is likely to be affected by the proposal? Explain how each protected characteristic is likely to be affected, or not as the case may be.
Yes No Comments (include data source)
Age
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All of the protected characteristics have the potential to be impacted should this policy not go ahead. As the use of `drones’ becomes more widespread it opens the opportunity for individuals or groups to be harassed and become victims of Hate Incidents may increase because of their PC. The council has already received complaints of public use regarding a drones to target individuals.
Disability
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Sex
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Marriage & Civil Partnership
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Pregnancy & Maternity
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Race
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Religion or Belief
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Gender Re‐assignment
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Sexual Orientation
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Socio Economic
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Community Cohesion
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The flying of drones near residential properties, commercial properties or over well used parks and open spaces may become a nuisance with potential risk of causing disturbance, annoyance or harassment to occupants and the users of public open space.
8. What impact does the proposal have on the Equality Target Groups?
No Impact Positive Impact Negative Impact or Impact unknown*
*Negative Impact or Impact Unknown will require a Full Impact Assessment to be completed.
9. Proceed to a Full EIA? Yes No
Lead Officer Signature: J McKinnon
Date: 15/05/2018
On completion submit copies to: Policy Officer (Equalities & Diversity) Democratic Services for Committee with policy (if relevant)
General Equality Duties: 1 Eliminate discrimination, harassment and victimisation. 2 Advance the equality of opportunity between people who share a relevant protected characteristic
and those who do not share it. Eg: a. minimising disadvantage, b. taking steps to meet their needs, c. involving them with activities where normally people with that PC participation is low.
3 Foster good relations between people that share a relevant protected characteristic and those that do not.