DFC,
I agree with the sentiments behind your posting. However, on a point of detail, when you write:
The legal requirment is that when IFR the aircraft must at all times be 1000ft above all obstacles within 5nm of the aircraft. The only exceptions to this are when following a published approach procedure or when visual and below 3000ft.
That does not accord with the rules of the air.
There is no exception relating to a "published approach procedure", rather, it is a more generic exception, the aircraft can descend below the minimum height specified in the IFR rules "when it is necessary for the aircraft to do so in order to take off or land".
2D