This is a copy of a post in another forum (private) however I'm sure the writer won't mind me pasting this here. Whereabouts in the UK are you - I'm in Leicestershire.
So I have been harassing Sheffield council and The peak parks reply below
Thank you for contacting the Peak District National Park.
We currently don’t have a policy on the use of model aircraft and Unmanned Aerial Vehicles (UAV’s or drones), especially as a large area of the Peak District National Park is in private ownership.
The use of drones is regulated by the Civil Aviation Authority and anyone using a drone has to follow basic safety rules to ensure that members of the public are protected. There are two sets of regulations which apply to the use of drones in the UK, whether they are being used for commercial or recreational purposes.
· aviation regulations which are enforced by the CAA; and,
· data protection regulations which apply where the drone is used for capturing personal data and which are enforced by the Information Commissioner’s Office (ICO).
The British Model Flying Association offers advice and guidance on the current legal situation regarding model aircraft and drones.
With regard to CROW and Access Land, the situation is unclear and we may find that clarification is sought from the courts regarding whether drone and model aircraft flying is a right, and what limitations there are on any such rights. Our current advice from DEFRA is:
Whilst it is true to say that the Countryside & Rights of Way Act 2000 (CROW) does not specifically exclude such activities from the rights granted under Part 1, we note that it doesn’t specifically include such activities either. Depending on your point of view, it may be reasonable to assume that such activities form part of ‘open air recreation’ but we are not in a position to confirm this or offer any legal advice on the matter.
In the absence of any firm legal ruling on the issue, we would further recommend that… club(s) or individual members negotiate with relevant landowners and liaise with other interested parties and organisations, particularly those who may be carrying out lawful activities on the land, whether by virtue of CROW, other legislation or agreement with relevant landowners.
Whether or not rights to fly model planes are granted by CROW, we would also direct you to the clauses at Schedule 2 of CROW, most notably (q), (r) & (s), which are designed to prevent disruption of lawful activities by any user of access land and (in the case of (s)), to control organised activities.
As part of their own byelaws and without the necessary required qualification and a licence granted by them, drones may not be permitted to fly over land owned by organisations such as the National Trust or the RSPB. We would suggest that the user checks with the relevant organisation first. Clearly with this being such a grey area we would always recommend that the user seeks consent from the landowner, especially where there is potential for disturbance to other people or wildlife.
If you have concerns about the use of drones in any area, either from a safety or privacy perspective, then you should contact your local police. The CAA does not investigate complaints of drone misuse.
We hope you find the above information useful.
I find flying early (dawn) morning and fly at a minimum 50m agl and if it's a sensitive area I restrict flights to 2 batteries then move on. Hope this helps!
