Hi all,
Question, prompted by this news article. Who owns airspace, and anyone know the statutes that allow aircraft to use it free of charge?
Apparently the legal doctrine on ownership is: a coelo usque ad centrum
It may seem a moot point, but in Germany wind farm owners are suing each other for "stealing" the wind!
If charging for flights comes in then why shouldn't land owners benefit too! (and GPS technology would give precise locations!!)
Very best,
XA
Cough up for air!
BIGGER: The extension to the balcony that has cost its owner dearly for encroaching on the city’s airspace. Picture: GREG MACVEAN
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By GARETH EDWARDS
IT seems that absolutely everything in Edinburgh has a price – even the air we breathe.
A resident who managed to secure planning permission to build a balcony has been hit with an unexpected bill from the city council – for 0.54 square metres of the stuff.
In what could be first case of its kind in Edinburgh, Lawrence Cassidy will have to pay £2500 because the extension on his Grove Street property is an "encroachment" into airspace overlooking the West Approach Road. The bizarre move is revealed in a report to the council's finance and resources committee, which has been recommended to approve the sale.
It is understood Mr Cassidy was granted planning permission for alterations to the property, including the balcony, in 2004, but the question of who owned the air never came up.
He was not made aware of the issue until he was refused a building completion certificate, after an official spotted the problem.
Attempts to buy the small section of land underneath the balcony failed, and Mr Cassidy approached the council to buy the airspace, in order to get the completion certificate that would allow him to sell the property.
While the cost of the air itself has been put at £2500 – including VAT – Mr Cassidy will end up paying more, because he has agreed to cover the council's legal fees and surveyors' costs.
In a report to go before councillors, director of city development Andrew Holmes says: "The council was made aware of an encroachment into the airspace of land under its ownership. Provisional agreement has been reached to sell the airspace to Mr Cassidy for the sum of £2500, with the purchaser paying the council's costs relating to the sale."
Edinburgh architect Adrian Welch said selling airspace was a practice that was more common in New York or London. I've never dealt with anything like this in Edinburgh," he said. "It would be pretty rare that a case like this would arise in the Capital, although I have heard about similar situations in London, particularly people developing over tube station airspace, and in New York as well."
Leading city architect Malcolm Fraser added: "I suppose the council is right to ensure the citizens of Edinburgh get what is due. But it seems harsh to effectively punish a guy for doing something that has brightened up a very drab stretch of road."
The house has been converted into an artist's studio and neighbours said that the balcony had been there for well over a year.
One resident, who asked not to be named said. "I don't know the guy, but the house looks interesting, and it seems a little strange that he should have to pay for airspace, particularly as it's just hanging over waste ground."
Mr Cassidy declined to comment on the issue when approached by the Evening News.