Universal tries to ban drones from Bedford theme park site - but can it enforce it?
A warning issued by Universal Destinations & Experiences (UDX) telling drone operators to “cease and desist” from flying over its planned Bedford theme park site has raised questions over whether the notice has any legal force.
Last week, we reported that UDX published the notice on its project website and placed copies around the site, citing safety concerns as construction activity increases.
In the statement on its website, UDX said it had seen drones being flown at low altitude, “clearly identifying personnel and being shared online”.
“We have an important responsibility to consider and protect the safety and welfare of those working on-site,” it added.
“As a result, we have issued cease and desist notices prohibiting the use of drones over or near our construction site without prior written authorisation.”
But aviation guidance suggests private developers cannot impose their own airspace restrictions – with Civil Aviation Authority (CAA) guidance stating that organisations must apply to the Department for Transport to introduce formal airspace restrictions.
Referring to the Air Navigation Order (ANO) 2016, the guidance said drone operators must not act in a way that “recklessly or negligently” endangers people or property.
It also sets out distance rules, including that drones weighing more than 250g should not be flown within 50 metres of people, while lighter drones can be flown closer in some circumstances, although not over crowds.
It adds that concerns about unsafe flying or privacy should be reported to police.
From an operator perspective, FPV UK, a national drone users’ organisation, said flying over private land is not automatically unlawful.
A spokesperson said: “Flying a drone over private land does not, in itself, breach drone regulations… there is nothing within aviation law that prevents a drone from flying over private land.”
They added that notices like UDX’s “do not carry legal force in terms of aviation regulation”.
“Airspace is a national asset regulated by the CAA, and landowners do not have the authority to restrict access to it. Only the Secretary of State has the power to impose such restrictions,” the spokesperson said.
Responding to questions about the legal basis of its notice, UDX said the information published “accurately reflect[s] the legal position”.
The company said the notice is intended to deter “unsafe low-altitude drone activity and the inappropriate recording and publication of footage of individuals online”.
“Drone operators are responsible for ensuring they comply with the law,” the spokesperson added.
Bedfordshire Police said no offences had been reported but confirmed discussions were ongoing.
Assistant chief constable John Murphy, the force’s lead for the Universal Studios project, said: “All drone operators must comply with Civil Aviation Authority guidelines and any breaches can be reported to police.
“While site security is principally a matter for the developers, we are currently in discussions with partners around the flying of drones over the sites earmarked for the Universal development.
“No formal reports of illegal activity have been made.”