SND
Leicester race course you have to overfly / flying into a built up area so obviously. Think the issue is when is an area congested and when is it not ?
To use the rugby pitch/s scenario as an example. If no one is playing on it / them and the club is not surrounded by houses etc etc is it congested ?
You could argue that it is used for substantially recreational use as the pitch isn't used for anything else so therefore it has a sole use of playing rugby on.
Like all things in life common sense has to prevail ( although if sense was common everyone would have it )
