All
I'm trying to determine the legislation that allows Helicopters to land without planning permission etc (i.e. only landowners permission etc). I am particularly interested in the legislation for venues that are NOT private residences e.g. a hotel.
I have always been under the impression that we operated under Part 4, Class B of Schedule 2 of the Town and Country Planning General Devlopment Order 1988. Similiarly, I have also referred to the British Helicopter Association Guidelines (see extract below) which stipulate that helicopters may land and take off within the curtilage of the gardens of a property etc . Alternatively, we can use any piece of land under the 28 day rule. However, I am lead to believe, from a Planning Lawyer, that these regulations have been superceded and do NOT cover landing and taking off from a venue that is
not a private dwelling e.g. a hotel. Equally, I am told, the 28 day rule does not apply if its within the curtilage of a such a property - again, because it is NOT a private dwelling.
So basically I am told that an area of "garden" at a venue that is NOT a private residence is NOT covered by either the 28 day rule or the Curtilage rule because it isn't a private dwelling. If this is the case, then those of us who regulalry land at hotels etc are not entitled to do so. In truth I don't care but I am trying to obtain permission to land somewhere and I'm running into difficulty because of this. Comments please.
Extract from the British Helicopter Association Guidelines
General
Any owner of a piece of ground may use it as a helicopter landing facility without any kind of permission, provided the following conditions are met:-
• It is not in a congested area, defined in Article 118 of the Air Navigation Order 1995 as amended; that is, any area in relation to a city, town or settlement which is substantially used for residential, industrial, commercial or recreational purpose. (Note: If there is any doubt as to whether an area is congested or not, it is advisable to apply to the CAA for a "Rule 5 Permission").
• No structure is erected in connection with its use as a helicopter landing area eg concrete landing pad, hangar, etc. other than a temporary structure such as a windsleeve.
• Its use is confined to the private or business use of the owner, his own employees or anyone specifically visiting him for social or business purposes.
• A pilot using the site will be able to conform with Rule 5 of the Rules of the Air Regulations 1996, as amended.
4.3 Temporary Landing Sites
Under Part 4, Class B of Schedule 2 of the Town and Country Planning General Development Order 1988, helicopters are permitted to take off and land at temporary sites provided the site is not used for more than 28 days in any one calendar year. The operator must also have permission from the owner of the site.
4.4 Private Landing Sites
Helicopters may operate from the gardens of private houses without planning consent provided the landing site is within the curtilage of the property. Even though an owner of a property may also own an adjoining field, its use as a landing site would require planning consent as the field falls into the category of open land. Helicopter operations from it would constitute a change to the conditions of use requiring planning consent. However the field could be used under the rules for temporary sites i.e. for not more than 28 days in any one calendar year (see Section 4.3 above).
The guidelines can be found here
https://www.britishhelicopterassocia...g/download/88/