bad bear, you seem to be falling into a common trap of saying something that you don't like wouldn't/couldn't possibly have a safety case. I worked for years at an aerodrome providing radar services outside CAS in a busy part of the world, there was gliders and microlight within the CTZ/CTA and military activity of various descriptions pretty much all around. It worked OK, within the limitations of the environment, but made some of the NATS controllers who came on liaison visits go pale. This was in the days pre-safety cases but I would have no difficulty in preparing one for the operations. There is no need to hide behind the regulations - I am quite sure that an adequate safety case could be prepared for a TK radar service.
Sorry for the thread drift.