In its FOI response, the Trust explained:
“National Trust doesn’t permit drone operation from our places for a variety of reasons, including visitor and staff safety, potential disturbance to visitors and residents, and disturbance to wildlife and livestock. National Trust land is not classed as a public park, but rather is privately owned land, held in trust by us for the nation. As the landowner, National Trust can stipulate which activities we permit on our land but have no control over access to airspace for those flying from outside of our ownership.”
The Trust further outlined how it manages drone operations from its land:
“In instances where members of the public are operating drones from our land, our policy is to remind the flyer that they are acting in contravention to our policy and the conditions of access to our land, and politely ask them to cease flying.”
Despite this clear admission, parts of the National Trust’s website still inaccurately state, “We do not allow drone flying from or over National Trust land,” giving the impression of a blanket ban on drone flights over Trust-owned properties.
In contrast, other sections of the website provide a more accurate picture, acknowledging that while the Trust can restrict takeoffs and landings, it cannot enforce a ban on flights originating from public land.
This inconsistency has led to confusion among both drone operators and the general public, especially as recreational drone use continues to rise. Drones are increasingly popular for activities like photography, mapping, and surveying, often in scenic areas under the care of the National Trust.
The Trust also emphasised the added complexities of national regulations, stating, in some cases, other regulations and restrictions apply to National Trust land that are beyond our control, such as CAA airspace restrictions and rules regarding Sites of Special Scientific Interest, which are regulated by Natural England.
In practice, while the Trust may ask drone operators to stop flying if they are caught launching from Trust properties, it cannot prevent flights over its land if the drones are launched from outside its ownership.
Wouldn't it be far more sensible (and safer!) to allow the flights from their land, ensuring the distance travelled is shorter, the pilot is closer to the subject and the overall span of the area of operation is tighter?
They could for example (for pilots with public liability insurance) charge for a "Pilot Pass" on entry, charge something like £5 or £10 for a piloting permission card (which must be shown to Rangers upon request) to fly a drone on-site. They could make money at the same time as making the flights safer for everyone and for their properties.
I can't help but feel they're being stubborn, greedy and small-minded when it comes to drones, especially when drone pilots and the Trust could work together for mutual benefit.
(See Private Land - National Trust page for more information)
The National Trust however, despite the FOI request and the fact the Civil Aviation Authority (CAA) regulates all UK airspace, remain adament they can stop flights over their properties - as this email I sent today (4th October 2024) shows.
Original Email
To: enquiries@nationaltrust.org.uk
Subject: Drone Flights
Good afternoon,
I am planning a family 'road trip' next week and we want to visit some of the interesting places the National Trust has.
Could you please tell me your up-to-date policy regarding drones?
I would like to capture some of the beautiful locations as we travel and I wanted to clarify the position regarding drone flights over your property.
I'd like to take off/land inside your property (so I'm closer to the location) and capture the unique views there. If this is a problem, I can take off/land outside if this works?
I'm flying a small 249g drone, have my A2 Certificate of Competency and public liability insurance for all flights.
Thank you for your time, I look forward to your reply.
Kind Regards,
Jonny
National Trust Response
National Trust Customer Service
Subject: Drone Flights
Dear Jonny
Thank you for your email.
We do not allow drone flying from or over NT land. The only exception being contractors or staff who satisfy stringent CAA criteria, have specific insurances and have been commissioned or authorised by the Trust for a specific purpose – and in these cases the activity is strictly controlled.
The regulatory environment regarding drones is rapidly developing. We will continue to monitor this development and keep our position under constant review.
Thank you for your support.
If you do need to get back in touch with us about this, please make sure to respond back to my email and not send a brand new one to us. That way our full email conversation will be kept together, and we can continue to best support you with looking into your enquiry further.
Kind Regards
Luke
Supporter Services Centre
National Trust
My Response
To: enquiries@nationaltrust.org.uk
Subject: Re: Drone Flights
Hi Luke,
Thank you for this information.
Following this article:
https://ukdefencejournal.org.uk/national-trust-admits-it-cant-ban-drone-flights-over-its-land/
and the fact you have no control over the airspace above your properties, I am somewhat confused as to why you think you can stop flights over your land. Especially if my take off/landing locations are outside of the properties.
Could you please explain why you believe I cannot fly, and how you would enforce these apparent no-flying rules should I decide to fly?
Kind regards,
Jonny
National Trust Response
National Trust Customer Service
Subject: Re: Drone Flights
Dear Jonny,
Thank you for your email.
The use of drones is regulated by the Civil Aviation Authority and it is a developing area which is coming under greater scrutiny. Few non-commercial users have the correct training or permission to operate drones, which creates a serious risk to our staff, volunteers, visitors, property and wildlife. We have therefore adopted a strict blanket policy banning the use of drones at our sites.
- The use of aerial vehicles is also prohibited by the Trust “byelaws”. The byelaws reflect the charitable core purposes of the Trust to enable us to preserve special places for the nation.
- Should a drone cause damage or harm, pilots generally do not have the correct insurances to compensate the Trust for remedial actions.
- Drones should not be flown over people; as much of our land is open access we cannot guarantee an area, even if remote, is completely empty.
- Drones should not be flown near property; the special nature of our properties makes the risk of damage more severe.
- Some sites may have wildlife or agricultural animals which could be effected by the presence of drones.
- Many drones have cameras attached and these could infringe data protection laws (filming people without permission) and potentially could contravene NT rules on photography and filming.
- The presence of drones can be detrimental to the enjoyment of our sites by other visitors.
We therefore do not allow drone flying from or over NT land.
The regulatory environment regarding drones is rapidly developing. We will continue to monitor this development and keep our position under constant review.
If you do need to get back in touch with us about this, please make sure to respond back to my email and not send a brand new one to us. That way our full email conversation will be kept together, and we can continue to best support you with looking into your enquiry further.
Lizzie
Supporter Services Centre
National Trust
My Response
To: enquiries@nationaltrust.org.uk
Subject: Re: Drone Flights
Hi Lizzie,
I appreciate what you're saying but with utmost respect, you are incorrect.
You said "The use of drones is regulated by the Civil Aviation Authority and it is a developing area which is coming under greater scrutiny. Few non-commercial users have the correct training or permission to operate drones..."
Basic/essential training is available online and drone pilots must have their drones registered with the CAA (and display an Operator ID on the drone) and have undergone - at very least - the Drone Code training from the CAA. In my case, I have completed additional, more advanced training as mentioned earlier.
The byelaw ('No unauthorised person shall on Trust Property sell or offer or expose for sale any commodity or article or for the purpose of trade or reward take any photograph') you mentioned is out-dated and is not applicable to today's photography and more-so, to drones. I believe this has been tested (and proven ineffective) when The National Trust attempted to take legal action using this ancient byelaw in the past.
Regarding the insurance, I am insured; I hold public liability AND commercial insurances. Maybe you should begin looking at flights on individual cases, rather than tarring all drones pilots as irresponsible.
You also said "Drones should not be flown over people; as much of our land is open access we cannot guarantee an area, even if remote, is completely empty.".
This too, is incorrect. Drones under 250g in weight can be flown in the A1 Subcategory of the Open Category and CAN be flown over uninvolved persons, anywhere. Just not over crowds of people where they are unable to disperse quickly which would not be applicable to most of your properties.
You also state "Drones should not be flown near property; the special nature of our properties makes the risk of damage more severe. Some sites may have wildlife or agricultural animals which could be affected by the presence of drones."
This too is incorrect. Drones under 250g can be flown close to and over property under the same rules as above. Drones heavier than 250g have different rules however but they can still be flown close to and around buildings with additional training, such as the A2 CofC certification.
The cameras on the drones are no different to those on peoples smart phones and DSLR's carried by visitors. Why are drone cameras any different in regards to privacy?
Your point "Some sites may have wildlife or agricultural animals which could be affected by the presence of drones." is possibly the only valid one here but care can be taken to mitigate risks and disruption in these situations. Flying from on site would provide a better vantage point for pilots.
Your point about the presence of drones can be detrimental to the enjoyment of our sites by other visitors I feel is again, not valid. Modern drones are pretty quiet and when flying at height, the noise is minor.
You can not - unless there are specific airspace restrictions in place from NATS or the CAA - stop overflight of your land, buildings and visitors. Instead of having this blanket ban, trying to hide behind ineffective byelaws and mislead the public regarding drone legislation (which most pilots know better than even the police!), wouldn't it be far more sensible (and safer!) to allow the flights from your land, ensuring the distance travelled is shorter, the pilot is closer to the subject and the overall span of the area of operation is tighter and the flight is completed quicker?
You could for example (for pilots who are members with proof of public liability insurance) charge for a "Pilot Pass" on entry, charge something like £5 or £10 for a piloting permission card (which must be shown to Rangers upon request) to fly a drone on-site. You could make money at the same time as making the flights safer for everyone and your properties.
I can't help but feel The National Trust is being stubborn, greedy and small-minded when it comes to drones, especially when drone pilots and the Trust could work together for mutual benefit.
Most pilots know the law relating to airspace and will fly from outside your properties. Your stubbornness in this area is actually increasing the risk to your properties, buildings and locations by forcing inexperienced pilots to fly from further away to obtain the footage they could get standing by the location they wish to capture.
Kind regards,
Jonny
National Trust Response
National Trust Customer Service
Subject: Re: Drone Flights
Dear Jonny
Thank you for your email.
I will add your comments to our internal feedback channel.
If you need to get back in touch with us about this, please make sure to respond back to my email and not send a brand new one to us. That way our full email conversation will be kept together, and we can continue to best support you with looking into your enquiry further.
Mark
Supporter Services Centre
National Trust
--- End of Conversation ---
Read the original report here
DJE Media takes on the National Trust over drone flying. In these videos I feel he was excessively confrontational and dragged the confrontations out way longer than needs be, but this is for view and revenue only. For this reason, I'm not a fan but the videoes are worth mentioning to show the sort of approach and attitute the National Trust have regarding drones.
Video 1
Video 2
Then PJ Audits has an confrontation with the National Trust re flying drones, as we see in this next video. Instead of just arguing like DJE Media (above), he uses calm arguments that nullify those of the National Trust.
Watch PJ Audits' video here
