Close-in obstacles limiting takeoff
I'm currently looking at performance figures for a turboprop, and in that regard reviewing the official Aerodrome Obstacle Charts (type A) for a specific airport.
Within the initial "splay" sector (90m [or 60+ 1/2wingspan] each side of threshold + 0.125D), I have a few masts and man-made obstructions (buildings) which, if cleared by 35', cause in my view an unnecessary high 2nd segment net climb requirement - hence a large payload penalty.
I'm aware that I can disregard "visual" obstacles outside of 300m, but these obstacles (they are at the outer edges of the splay) are closer than that, but still along the outer edge of the "splay". It would seem reasonable for me to set a minimum visibility / cloud base restriction on this departure, instructing aircrew to remain visual with the obstacles in case of engine failure and avoiding them; and then "removing" these from the obstacle list which limit my climb requirment.
However, I can find no references in JAR-OPS or any other legislation which give me judicial acceptance of this. Any ideas?