Wed Dec 05, 2018 12:01 pm
To add to the confusion, the 2017 Briefing Paper on 'Nuisance from helicopters and light aircraft' seems to state almost exactly the opposite of the BHA document quoted above and then tie itself in another knot:
"Helicopters and small aircraft may use temporary sites for landing and taking off provided safety standards are observed. Such sites can include large back gardens, hotel grounds, or open fields (provided the owner consents) or open wasteland. Such sites do not need to be approved by the CAA: their safety for use is judged by the pilot.
Under Schedule 2, Part 4, Class B of the Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596)12 helicopters and small aircraft are given permitted development rights to use temporary sites for up to 28 days in a calendar year without the need to make a specific planning application. The days can be consecutive and there is no restriction on the number of movements. The temporary sites, however, must not be buildings or within the curtilage of a building. Clearly there is scope for interpretation of what constitutes the ‘curtilage of a building’ and this is a matter for case law."
This seems to suggest that all private locations (including gardens) are designated as 'temporary sites' and therefore subject to the 28 day rule. But then goes on to say that such a site cannot be within the curtilage of a building (like a garden, for example).