Dockater
First Officer
Flight distance : 139649 ft
Germany
Offline
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I would be interested to know what a lawyer would make of the wording the council reply uses, there is no direct ban, just the implication. As the regulations for air space are a matter for the caa and providing there are no limitations imposed then you should have the same rights as any other airspace user. Most certainly the local council can forbid you to take-off and land on their terrain, but forbidding overflights and at what flight level!
Sometimes it is a mistake to ask. I know - Ignorantia juris non excusat - ignorance of the law is no excuse. But providing you have made “reasonable effort” to find out then you have a good case.
The the legal basis of the above assumes that the law in question has been properly promulgated, published and distributed, for example, by being printed in a government paper, made available over the internet, or printed in volumes available for sale to the public at affordable prices. In the ancient phrase of Gratian, Leges instituuntur cum promulgantur ("Laws are instituted when they are promulgated"). |
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