Small DLG flying on Hampstead Heath?

[Jonathan M]

I want to give my London nephew a small 1m DLG for Christmas, but his only local spot would be Hampstead Heath, and I'm not clear if he'd be 'legal' to fly it there?

The guidance only mentions camera-drones:

In simple terms, a camera drone may not be flown on or even close to the Heath without a permission from the Civil Aviation Authority  Therefore, the use of drones on Hampstead Heath is banned in most circumstances. A more detailed explanation is set out below.

A small unmanned aircraft (or “drone) means any unmanned aircraft, other than a balloon or a kite, having a mass of not more than 20kg without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight.

A small unmanned surveillance aircraft (or “camera drone) means a small unmanned aircraft which is equipped to undertake any form of surveillance or data acquisition.

Full document (revised in Aug this year) is here: **LINK**

So, does anyone know whether a lightweight, unpowered, hand-launched RC gilder can be flown on the Heath (as can kites, frisbees, footballs, dope-heads, etc) without bother from the public or the authorities?

Edited By Jonathan M on 23/12/2018 13:45:16

[Martin Harris - Moderator]

My inexpert reading of the wording is that it applies to data gathering SUAs but wouldn't the best thing be to check with the local authority?

Was it in "The Wild Geese" that one of the main characters (Richard Harris) flew a glow powered model with his son on Hampstead Heath - or one of the other London parks?

Edited By Martin Harris on 23/12/2018 14:41:28

[Peter Jenkins]

I rather think this might be a case of Hampstead Heath being withing the London Terminal Control Zone (at least, I'm guessing it might be) whose lower boundary is ground level. Therefore, since there is no uncontrolled airspace above ground level at the Heath, it would seem that you would need to seek permission from the relevant ATC authority to operate any sort of drone. In this case, the controlling authority is probably the London Air Traffic Control Centre. At least, that's my understanding of the situation. For something like a free flight DLG I would have thought that LATCC would probably say yes but they might take a different view of a RC DLG on the grounds that you can soar the "slope" and gain significant height. Obviously, this would only be possible with a southerly wind but the Heath is quite high above central London. I guess it will depend on who is the duty controller/authority at the time as these things can be interpreted differently by different people unless there is a laid down procedure for such a request. The same probably applies to Richmond Park but as that is under the approach path, pretty much, when flying west, that might probably by a No. Ask though.

[John Privett]

My understanding Peter, is that it is only models over 7.5 kg that are excluded due to being in the London Terminal Control Area.

The leaflet in the link posted above gives the full wording of articles 94 and 05 of the ANO. Article 94 excludes (amongst others) 7.5 kg models from controlled-airspace. Article 95 is the relevant one here, referring specifically to "unmanned surveillance aircraft" which includes "drones". The limits here are stated (as we know) as various distances from people, vehicles, structures, etc. in/out of the control of the person flying, and when landing/taking off or not.

The clause the leaflet specifically refers to excludes "drones" from flying "over or within 150 metres of any congested area" and the leaflet goes on to explain that;

A “congested area” in relation to a city, town or settlement, means any area which is substantially used for residential, industrial, commercial or recreational purposes – having consulted with the CAA and the Metropolitan Police Service (“MPS&rdquo, the City Corporation’s view is that this includes the whole of Hampstead Heath."

[Peter Jenkins]

John

I thought that the Terminal Control Area had a lower height limit but the Terminal Control Zone goes down to ground level. However, which ever designation one uses, the City Corporation views the whole of Hampstead Heath, probably quite rightly, as a congested area. That is conclusive - as they say. So, to the OP, no you cannot fly a DLG on Hampstead Heath.

[Martin Harris - Moderator]

I may be wrong but as far as I'm aware, the specific restriction pertaining to flight in "congested areas" only applies to small unmanned surveillance aircraft. Of course, the general provisions regarding endangerment and flight within 1 km of an aerodrome will always apply to any model flying activity.

I don't see any specific reason why a <7 kg model shouldn't be flown - although bylaws might exist to restrict flying - hence my earlier advice to clear the activity with the local authority. If they have no exclusion notified then, as long as the pilot can be reasonably satisfied that the flight can be completed safely...i.e. that you can operate without endangering anyone, you can go ahead.

Edited By Martin Harris on 23/12/2018 18:05:15

[Mike T]

I'd be more inclined to do a thorough search of the bylaws on the LA's website and elsewhere before consulting them in person.

It's too easy for them to say "no" as a fail-safe position, whether supported by the byelaws or not. Beware also of "park-keeper-itis" - a.k.a. "'Ere - you can't do that!!" (When in all likelihood, you can...)

[Martin Harris - Moderator]

Posted by Mike T on 23/12/2018 18:43:59:

I'd be more inclined to do a thorough search of the bylaws on the LA's website and elsewhere before consulting them in person.

It's too easy for them to say "no" as a fail-safe position, whether supported by the byelaws or not. Beware also of "park-keeper-itis" - a.k.a. "'Ere - you can't do that!!" (When in all likelihood, you can...)

They might do but unless it exists in the bylaws, I'm sure that I've read that any legal activity is implicitly permitted and they cannot rule against it without revising the bylaws. However, if you can check a current copy of the bylaws then that should suffice. If Parky gets over officious just ask him to quote the relevant bylaw - your own copy could come in handy...

I would think that a small well controlled DLG is probably less hazardous than a frisbee or boomerang. A lot depends on the number and distribution of other park users and ability to monitor the area you're operating in - remember that the decision to fly is YOUR responsibility.

[John Privett]

Posted by Martin Harris on 23/12/2018 17:54:41:

I may be wrong but as far as I'm aware, the specific restriction pertaining to flight in "congested areas" only applies to small unmanned surveillance aircraft.

Yep - it's somewhat buried in the middle of what I posted earlier, but article 95 which relates to the congested area is specific to unmanned surveillance aircraft.

And Peter - yes I was a bit sloppy with Terminal Control Area vs Zone, but I don't see that either would restrict the flying of any model below 7.5 kg.

[Ben B]

I fly relatively regularly on the Heath (light electric stuff only, nothing bigger than 1M wingspan) and there's another gent that lives next to the Heath who I've seen flying a DLG on a calm summers evening. I looked into the legality of flying / the byelaws etc before I started and couldn't find conclusive evidence. All I know is that the park constabulary have driven past and didn't bat an eyelid (whereas they're quite quick at stopping BBQs etc and people cycling).

So the legal situation I think is unresolved but in practice a DLG is fine.

I tend to fly at the end near the suburb in the field labelled "North Point" on the following map

http://cdn.rowleygallery.co.uk/2014/02/hampstead-heath-map.jpg

the field is actually named after a farmer but can't remember it's proper name!!!

[Jonathan M]

Cheers Ben - that's really useful!

Given this, and the fact that the Corporation of London (who own the Heath) website only mentions drones with cameras but is silent on whether other forms of unmanned flight are prohibited, its well worth simply going to that bit of the Heath Extension and just flying.

A small DLG isn't likely to achieve a launch height of greater than say 120 feet in the hands of a non-expert, and similarly unlikely to exceed 400 ft even if a thermal is hooked!

In the unlikely event of a full-sized arriving in the vicinity at low altitude, the glider can very quickly be dived to a landing - just like I have to do when the military helicopters buzz my local slope for a closer look at us!!!!

[Piers Bowlan]

In the 'olden days' local bylaws for parks and council open spaces would simply say 'No powered model aircraft', which was fairly clear; gliders permitted. Now we live in the brave new world of drones things are less clear. The Hampstead Heath web page on bylaws just says that 'in most circumstances drones are not permitted' but on their clarification page it simply quotes the ANO and article 94, in which case I guess that you could fly your DLG without harassment from local rangers, as it seems compliant.

I used to fly model gliders from the hills near my house in the Southdown National Park. Once or twice, friendly park rangers would stop and have a chat before moving on, clearly not bothered by my Libelle DLG. In fact I think one was desperate to have a go! I think it would have been a very different matter had it been a powered model aircraft. Personally I wouldn't phone or email and ask for guidance as the knee-jerk reaction is usually 'No' without really considering the question. Hampstead Heath no doubt gets very busy at weekends in the Summer, in which case that may not be a good time to fly. Just use common sense and don't fly if that is the case but you can't do too much damage with a 150g, slow flying model glider or at least less damage than a frisbee or kite.

[Frank Skilbeck]

just make sure it doesn't get chewed by a dog being exercised.....................

[Daniel Zeff]

Hi there,

I live in NW3 and have just built from scratch out foamboard with my 9 year old son his (our) first model plane.

It's all up and running but wondered if anyone is local that could help us with our maiden flight as neither one of us has any experience, I'm also hoping that doing it on hampstead heath will be ok

regards

daniel