Well this appears to be the issue, but according to one particular council I'm battling with over a simple landing and departure at a forthcoming wedding venue, they consider the location's grounds (which are extensive) to be within the curtilage and have therefore indicated that the provisions I've referred to don't apply. Now I believe that there may be provisions in the Town and Country Planning Act 1990 (which has superceded the legislation the the BHA referes to i.e. the GDO 1988) that allows for activities to take place which are incidental to the primary use of the property. I'm trying to identify what and where this legislation is.
Before you ask why the local council have been involved, I sent an e-mail to the General Manager of the venue advising them of my intentions to land and I was told that I required permission from the Council which clearly I don't (or so I believed) and so I challenged this and explained that it's not necessary. In turn, the General Manager contacted the council and they advised him to submit a pre-application at a cost of £150. He forwarded the e-mail to me and so I was left with little choice but to contact the council and challenge the answer they'd given to the venue. I'm still battling it out and I decided to contact my lawyer for advice. In 31 years of flying planes and helicopters I've never been in this situation and I'm determined to resolve it (in my favour obviously!!)
Also, before anyone says, well just land somewhere else or close by etc. I could, but that's not the point!