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Old 3rd Sep 2017, 08:38
  #21 (permalink)  
 
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The aerodrome is to be located in Spain.
Is the 28-day rule applicable in Spain?
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Old 3rd Sep 2017, 08:48
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I understand that the 28 day rule isn't specifically to do with aviation, but rather the planning regulations, regarding "change of use" of the land.
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Old 3rd Sep 2017, 09:05
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Originally Posted by ShyTorque
I understand that the 28 day rule isn't specifically to do with aviation, but rather the planning regulations, regarding "change of use" of the land.
Absolutely correct.
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Old 3rd Sep 2017, 09:56
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And of course it is entirely a British rule - if it *happens* to apply in the Canaries, that's unlikely to be anything other than complete coincidence.

G
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Old 3rd Sep 2017, 10:32
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From my experience dealing with Spanish planning authorities it may be worth contacting an abogado who is also aviation friendly and ideally of the same political persuasion as those who currently inhabit the Ayuntamiento. Arrange a meeting and good luck. The colour of good luck is often orange, green and yellow.

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Old 3rd Sep 2017, 19:57
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Here are the regulations on opening and operating private aerodromes. Shouldn't take long to absorb, as it is all covered in one order, four royal decrees and a correction to a royal decree.

Normativa-Aeródromos y helipuertos de uso restringido-Aeropuertos-AESA-Agencia Estatal de Seguridad Aérea - Ministerio de Fomento
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Old 6th Sep 2017, 19:45
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it's a bit better Genghis the Engineer , from this royal decree https://www.boe.es/buscar/doc.php?id=BOE-A-2015-12893. thanks patowalker it was in the list of links you posted

quoting Articulo 2

b) Aeródromo eventual, la superficie apta para el uso por una o varias aeronaves, cuya utilización está limitada en el tiempo a un máximo de 30 días al año y que no dispone de infraestructuras permanentes para la operación de aeronaves.
So, for an aerodromo eventual or temporary aerodrome, the period is not 28 days as in the UK, but 30

Artículo 16. Aeródromos eventuales.
1. Con carácter previo a la autorización del uso de los aeródromos autonómicos eventuales, incluidos los helipuertos eventuales, que se encuentren dentro de una zona controlada, restringida o peligrosa, o dentro de la zona de afección de otra infraestructura aeronáutica, se recabará el informe o certificado de compatibilidad, según corresponda, en los términos previstos, respectivamente, en los artículos 12 y 14.
2. Para la autorización del uso del resto de los aeródromos autonómicos eventuales, incluidos los helipuertos, bastará con informar a la Agencia Estatal de Seguridad Aérea de su localización y de su período de utilización.
so as long as the aerodrome is outside a controled or restricted area. I only need to let the Spanish CAA know for how long it will be used and its location or do I


WilliumMate if I end up building something bigger or an aerdromo publico I will join the local political party to 'facilitate '
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Old 9th Sep 2017, 18:30
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Just a bit more about the UK 28 day rule…

You can generally use agricultural land for up to 28 days a year for other purposes (such as an airfield) without getting Planning Permission. Some uses, such as car boot sales are limited to 14 days, but not aircraft.

The exception to all this is if the land is covered by an “Article 4 Direction” which removes Permitted Development Rights, in which case no landings are allowed.

If the aircraft is parked on the land, parked days count towards the 28 days.

Generally temporary use, where there is no evidence that the field has been used as an airfield when the aircraft is away, can never qualify for a Certificate of Lawful Use. But if there is permanent evidence of the field’s use as an airfield (a wind sock, lighting, a clearly mown strip) then the use can qualify for a Certificate of Lawful Use after ten years.

The exception is again if the land is covered by an Article 4 Direction. In this case a breach (no matter how brief) for ten years may qualify for a Certificate of Lawful Use. So in theory landing on New Year’s Eve and flying out on New Year’s Day five times could qualify. However regular use after that would count as intensification and still require Planning Permission.

One last note. If the land is used for any other purpose, for instance for a car boot sale, the ten year period resets each time a different use occurs.
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Old 9th Sep 2017, 19:38
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You can generally use agricultural land for up to 28 days a year for other purposes (such as an airfield) without getting Planning Permission. Some uses, such as car boot sales are limited to 14 days, but not aircraft.
Changing use of agricultural land may also have subsidy implications within the EU
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Old 10th Sep 2017, 00:22
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But if there is permanent evidence of the field’s use as an airfield (a wind sock, lighting, a clearly mown strip) then the use can qualify for a Certificate of Lawful Use after ten years.
Really?? That's fantastic, so if someone can prove without a doubt via his logbooks and the logbooks of visiting pilots that the strip has been in permenant use for 10 years then your right to use it as an airstrip is "grandfathered" in?

Asking for a friend 👍🏻😀
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Old 10th Sep 2017, 09:48
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Worth thinking of but AFIR to be really safe you need to 'break' the 28 day rule for each of those ten years.

I did it here and we operate in Sussex without any more fuss.
Neighbours generally (caravan site close by) seem to actually like seeing a few a/c movements !

I suggest you pay a real man to give you the Law on this point in your area, might save you grief and money later on.

mike hallam.

P.S. Oh and we've never had to or in fact offered the 'C' book or log books to a soul, least of all the Local Council.

Last edited by mikehallam; 10th Sep 2017 at 09:51. Reason: ps
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Old 10th Sep 2017, 19:28
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PB84. Scottish law does not apply in Cornwall, so your situation might be different.
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Old 10th Sep 2017, 22:42
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Hi

I managed to purchase some agricultural land at the rear of my property and have a 300m strip and built a small hangar in the Corner over 10 years ago and never had a problem with anyone by keeping it low profile, I spoke to the only neighbor who I thought my be a problem first and generally only use it myself and have a Rotax 912 engine so I have never had noise complaint but I'm lucky as there are no houses directly on either approach and no direct neighbors apart from a farm to complain , The reason to notify the Police is because of Project Pegasus monitoring of Airstrips for Terrorism and people trafficking they generally visit you once a year, I didn't notify them they found me, it's worth notifying them also for the problem of I live next to a main road and you wouldn't know there was a strip there so people driving think anaircraft has crashed and call police and several times the Police Helicopter has turned up so now they can phone me first if they get a report. generally keep your head down and don't have fly ins and you will probably be Ok if you don't have difficult neighbors.
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Old 11th Sep 2017, 00:12
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Originally Posted by Maoraigh1
PB84. Scottish law does not apply in Cornwall, so your situation might be different.
I'll tell my "friend" 😀
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