REVISED (2021) GUIDANCE ON THE USE OF UNMANNED

AIRCRAFT SYSTEMS (DRONES)

1 INTRODUCTION

1.1 Regulatory background

The updating of EU regulations for unmanned aircraft systems (UAS) applies to the UK, and came

into effect on 31 December 2020. These regulations represent a significant change for the use of

UAS (commonly known as drones), and have implications for their use in English cathedral precincts.

Key differences include no restrictions on flying near buildings and no differentiation between

commercial and non-commercial usage. This AEC guidance has been drafted to reflect the new

rules, and replaces earlier guidance.

The regulations effective from 31 December 2020 are summarised in the Civil Aviation Authority

(CAA) document CAP 722 (the CAA being the designated competent authority for all civil aviation

matters within the UK).

1.2 Use of UAS at cathedrals: opportunities and challenges

The regulations for UAS effective from 31 December 2020 extend the range of operators and uses

at cathedrals. Previously, use was typically limited to contractors undertaking metric surveys or less

stringent condition surveys, and photography or filming for publicity, television or cinema. In

addition to qualifications and training, the pilots of UA for such purposes often needed to gain

specific authorisation from the CAA for projects. Many post-2020 projects involve classes of UA or

activities that require similarly trained pilots and authorisation, but the Open category allows for a

new range of uses and users, and – within carefully defined parameters relating to classes of UA –

fewer constraints. In relation to cathedrals, for example, this allows cathedral archaeologists,

architects and surveyors to use a suitable UA for high-level surveys and inspections on an ad hoc

basis, extending options for the care of cathedral churches and other buildings within the precincts.

The regulatory changes increase the scope for entirely legal commercial and non-commercial flights

within (or over) precincts by those not contracted or granted permission by a cathedral: this

represents a potential challenge to those managing cathedral precincts.

1.3 Structure of this guidance

The diversity of UAS, activities and types of users, coupled with the diversity in applicable

regulations, means that there can no longer be simple guidance that applies to all. Accordingly, this

guidance is largely structured by type of activity (sections 2-5), followed by general conditions and

good practice (section 6), and operation (section 7).

2 METRIC SURVEY

2.1 Introduction

A significant use of UAS at English cathedrals is for high-resolution photography, which forms part of

data acquisition for metric survey, to produce orthophotographic images, CAD line drawings and 3D

models, usually in advance of conservation works. Cameras used for such work are typically

mirrorless APSC and full-frame models, with flying weights in the 2-4kg range. The nature of such

surveys requires flying close to buildings, and, for high parts of the cathedral itself (for example

towers and spires), launch and control will often be from roofs. Often, UAS involved in such

surveys will follow a pre-defined flight plan to ensure the imagery captured covers 100% of the

survey area and has suitable overlaps.

2.2 Requirements

UAS for metric survey can continue to be operated (as before 31 December 2020) under a CAA

Permission for Commercial Operations (PfCO): from 31 December 2020 equivalent privileges to a

PfCO are obtainable via a Pre-Defined Risk Assessment UKPDRA01.

Alternatively, UA for metric survey can operate under Open subcategory A2 (needing no prior

authorisation by the CAA), where they are likely to fall into Class C2 (<4kg) or Class A2

Transitional (<2kg weight: not after 31 December 2022). If these conditions cannot be met, then

the UA operator will need to apply for an Operational Authorisation in the Specific category.

Refer to section 7 for a summary of the operating areas, constraints and UA classes that are relevant to

operation of UAS under PfCO, Open subcategory A2 or Specific category.

The UAS operator must provide a method statement that sets out whether the UA will be flying

under a PfCO, equivalent Operational Authorisation, or Open subcategory A2 or Specific category,

and which clearly identifies the operational limits of such permissions (and any additional permissions

necessary, such as an Operating Safety Case) and any additional measures, such as cordoning off

areas at ground level, that a cathedral or its tenants will be required to undertake.

As with any activity, the UAS operator will need to provide a risk assessment and details of

appropriate insurance.

The cathedral should give advance warning to tenants or other users and staff in the vicinity,

especially where they will be directly affected (for example through cordoning off areas or access

routes).

Metric survey is unlikely to require use of a UA inside the cathedral itself, but should this be

necessary refer to section 7.5.

3 PUBLICITY, BROADCAST & PRODUCTIONS

3.1 Introduction

UAS are increasingly used for publicity filming and photography, recording and broadcast of events,

and for television and cinema productions. The classes of UA used for such activities can vary

significantly: for example a website designer, wedding photographer or commercial photographer or

videographer may use one of the smallest <250g UA, while many will use larger legacy (transitional)

UA and UA in Classes 1-4. Cinematic filming is like to use the largest UA (for example 10-25kg

flying weight). As a consequence, operation is likely to fall into three categories, ranging from Open

subcategories A1 and A2 (subcategory A3 is not applicable to cathedral precincts), and Specific

category. Some users will continue to operate under a CAA Permission for Commercial

Operations (PfCO) or equivalent operational authorisation.

3.2 Requirements

UAS for publicity filming and photography, broadcast events and for television and cinema

productions can continue to be operated (as before 31 December 2020) under a CAA PfCO: from

31 December 2020 equivalent privileges to a PfCO are obtainable via a Pre-Defined Risk Assessment

UKPDRA01.

Alternatively, UAS for such purposes can operate under Open subcategories A1 and A2 (i.e. needing

no prior authorisation by the CAA). If these conditions cannot be met, then the UAS operator will

need to apply for an Operational Authorisation in the Specific category.

Refer to section 7 for a summary of the operating areas, constraints and UA classes that are relevant to

operation of UAS under PfCO, Open subcategory A2 or Specific category.

The UAS operator must provide a method statement that sets out whether the UA will be flying

under a PfCO, equivalent Operational Authorisation, or Open subcategory A2 or Specific category,

and which clearly identifies the operational limits of such permissions (and any additional permissions

necessary, such as an Operating Safety Case) and any additional measures, such as cordoning off

areas at ground level, that a cathedral or its tenants will be required to undertake.

As with any activity, the UAS operator will need to provide a risk assessment and details of

appropriate insurance.

The cathedral should give advance warning to tenants or other users and staff in the vicinity,

especially where they will be directly affected (for example through cordoning off areas and access

routes).

Since photographic (still) and film or video images for distribution are a specific product of this type

of activity, the cathedral will need to be especially aware of the implications in relation to privacy and

data protection, and to ensure that these are covered in specifications and method statements (see

section 6).

4 OTHER PROFESSIONAL SURVEYS & INSPECTIONS

4.1 Introduction

UAS for other surveys of the cathedral or precinct buildings and open areas may be contracted

under the same requirements as those for metric survey (see section 2), although, as described in

section 1.2, the regulations from 31 December 2020 allow staff, cathedral archaeologists, architects,

surveyors, and contractors to use a suitable UAS for high-level surveys and inspections on an ad hoc

basis.

4.2 Requirements

For such surveys, staff, professional advisers to a cathedral or contractors are most likely to be

operating in Open subcategory A1, either using one of the <250g classes, Class C1 (<900g weight or

<80 J), or Class A1 Transitional (<500g weight: not after 31 December 2022).

Refer to section 7 for a summary of the operating areas, constraints and UA classes that are relevant to

operation of UAS under Open subcategory A1.

Staff, cathedral archaeologists, architects and surveyors, and any other professional advisers can

operate <250g UA without specific permission or training, while those operating Class C1 and ‘A1

Transitional Class’ UA should provide the cathedral with copies of their documentation and relevant

details of insurance. Beyond regulated matters, the cathedral’s professional advisers should follow

the good practice set out in section 6.

Contractors, such as conservators, masons, steeplejacks and organ builders, or those with an

otherwise legitimate reason (for example academic research) for wishing to undertake a limited

survey in Open subcategory A1 must provide their method statements, risk assessments, and

insurance details, and will be required to follow the good practice set out in section 6.

NB If such operatives wish to use UAS larger than those covered by Open subcategory A1, or wish to operate

under a PfCO, they must follow the requirements as set out for metric survey (see section 2.2).

5 UNINVITED FLIGHTS

5.1 Introduction

There is often an assumption that flying over private land requires permission and is otherwise

trespass; this is not true. Section 76(1) of the Civil Aviation Act 1982, which covers liability of

aircraft in respect of trespass, nuisance and surface damage and states that:

No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight of an aircraft

over any property at a height above the ground which, having regard to wind, weather and all the

circumstances of the case is reasonable, or the ordinary incidents of such flight, so long as the provisions of

any Air Navigation Order and of any orders under section 62 above have been duly complied with.

Where entrance to a cathedral precinct is controlled by ticketing, those cathedrals may wish to

consider making no use of UAS a condition of entry. Otherwise, the regulations for UAS effective

from 31 December 2020 increase the scope for ‘uninvited’ flights within cathedral precincts,

particularly by flyers operating under Open subcategory A1 using one of the <250g classes.

Uninvited flights are those not given specific permission or directly authorised by the cathedral.

These flights might include commercial and non-commercial operation of UAS by or for tenants (for

example their own surveys), recording of events (for example weddings), acquisition of commercial

video or photographs, and recreational use by amateurs.

Even where strictly legal – both in terms of UAS regulations and any other legal requirements (for

example in relation to privacy) – such usage can be intrusive for residents and other users of

cathedral precincts even if flights under the Open categories are ‘operations that present a low risk

to third parties’ (CAP 722). There is widespread dislike and distrust of UAS, or drones. They can

be perceived as unfamiliar or alien, noisy, and intrusive (it can be very difficult for the uninformed or

visually impaired to understand the orientation of a UA camera). High-profile cases involving illegal

use of UAS at airports and to make deliveries to prisons have contributed to the public’s distrust of

UAS.

5.2 Strategies for controlling uninvited flights

There are some measures that can be easily implemented by a cathedral to reduce uninvited flights

or bring them under its control. These include:

• Events: cathedral precincts are used for a wide number of events, organised directly by

cathedral staff or outside bodies with cathedral consent. These include Christmas markets,

outdoor theatrical performances, weddings and graduations. Planning for these should

routinely address use of UAS, so that prohibition of such flights or control of them (and

provision of suitable method statements, risk assessments and insurances) is addressed in

advance.

• Tenants: many cathedral precincts include tenants, with some of them, such as schools,

occupying buildings of significant scale and employing their own building staff, architects and

surveyors, and having their own promotional needs. The cathedral should agree a policy and

procedure with such tenants so that any UAS operation follows these guidelines.

Uninvited flights for acquisition of commercial video or photographs, or recreational use by

amateurs, for which no permission has been granted may occur. Unless the flight is infringing UAS

or other regulations (including byelaws), these can be difficult to address and strategies are likely to

be specific to the scale of any problem and the nature of individual cathedral precincts.

Signage advertising bans of what is an entirely legal activity should not be put up. Signage requesting

good conduct and consideration could be intrusive, and may be counter-productive in that it may

stimulate use; people may otherwise assume that UAS usage is not permitted within the precinct.

Where signage is considered appropriate, it may be advisable to make this general, reminding visitors

of the penalties for disturbing protected wildlife, breaching data protection legislation, or causing

harm to an historic building by any means including UAS. ‘Policing’ in person, should there be an

issue, is likely be most effective, as with any other antisocial or privacy-infringing activity in the

cathedral precinct. Each cathedral should determine a consistent, fair and educative approach, taking

into account the legalities of use of UAS (including those for data protection and wildlife): this should

be monitored and the approach refined as necessary.

6 GENERAL CONDITIONS & GOOD PRACTICE

6.1 Introduction

The regulations effective from 31 December 2020 permit many different uses for and users of UAS,

and allow more ad hoc and unregulated flying. This may be of direct benefit to the care of cathedrals

and their precincts. In addition to the regulations for UAS, there are other legal requirements which

must be observed, as well as non-legally binding considerations such as courtesy and respect for the

privacy of residents, staff and other users of the precinct. More about these other requirements is

set out below.

6.2 Data protection and privacy

Use of UAS can have an impact on privacy; this can be a significant concern for uninvolved people in

the vicinity and, on their behalf, a cathedral. UAS operatives and those commissioning them should

comply with relevant legislation, chiefly the Data Protection Act 2018 and the GDPR.

Certain types of UAS operation within cathedral precincts have little to no implications for privacy.

For example, photography of buildings by or for metric survey companies, or more ad hoc buildings

surveys and inspections by the cathedral’s professional advisers, staff or specialist contractors will

rarely include identifiable photography of people. The product, if distributed (usually very limited

and not publicly), will comprise technical images, including orthophotographs, CAD drawings and

photographs, of building fabric only. There are two risks that need addressing with such use:

• collateral intrusion: that is inadvertent video or photography of individuals during recording

of fabric (for example people in a neighbouring back garden while recording the roof of a

precinct property). This risk should be reduced by recording only when at the subject area.

• a perception of intrusion: that is uninvolved people thinking they are being filmed even when

the camera is not recording or is facing away from them.

Both are addressed by the measures described in sections 2.2 and 6.4.

Operation of UAS for other purposes within cathedral precincts is much more likely to come under

the terms of the Data Protection Act 2018 and the GDPR. Permitted use for publicity filming or

photography, recording or broadcast of events, and for television and cinema productions, involves

recording people. Full account of data protection and privacy must be taken in planning, contracting,

permitting and managing such use. Uninvited flights in the precincts might involve recording of

uninvolved individuals, and reaction to this will form part of the ‘policing’ of such activities (see

section 5.2).

The cathedral and, where relevant, any major tenants (such as a school) should have a privacy notice

on a website to which the operator can direct people, or some other form of privacy notice, so that

they can access further information.

6.3 Wildlife

UAS have the potential to disturb wildlife within cathedral precincts so operators, and a cathedral in

commissioning or permitting UAS use, must take the relevant legislation into account. The Wildlife

and Countryside Act 1981 is the primary legislation that protects animals, plants and habitats in the

UK. Given the nature of wildlife in cathedral precincts, the most likely offence is one that

‘intentionally or recklessly disturbs any wild bird included in Schedule 1 while it is building a nest or

is in, on or near a nest containing eggs or young; or disturbs dependent young of such a bird.’

UAS operations within precincts have a limited scope for such disturbance (for example, for obvious

reasons, UA are not used close to trees or bushes), but a number of cathedrals have peregrine

falcons with nests high up on cathedral towers and spires. Many cathedrals are already familiar with

timing works to avoid disturbance of peregrine falcons, and work closely with local wildlife

organisations, so that UAS use, where contracted or undertaken by the cathedral’s professional

advisers or staff, is timed accordingly. The most significant risk is from ‘uninvited’ flights (see section

5), especially where close viewing of peregrine falcons is the purpose of the flight: operators should

be advised to cease flying immediately and if necessary, for example if the operator cannot be

located, the incident should be reported to the local police.

Bats are found in cathedral precincts and are afforded protection under the Wildlife and

Countryside Act 1981 and the Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007,

in relation to disturbance likely to affect significantly the ability of any significant group of bats to

survive, breed, or rear or nurture their young, or, simply if disturbing a bat while it is occupying a

structure or place that it uses for shelter or protection. In practice, the potential for impact on bats

from UAS is low as: UA flights occur almost entirely during daylight hours when bats are less active;

use of UA inside roof spaces and other potential roosting sites is unlikely (although some cloisters

provide roosting or swarming sites); and bats are not significantly disturbed by drones flying in their

vicinity (for example within c.5m) in open flight. If there is a significant population of bats within a

cathedral precinct, and these are likely to have an impact on UAS operation, its presence should be

factored into contracts, permissions, method statements and risk assessments, and advice sought

from an ecologist.

6.4 Good conduct

Beyond the specific considerations of the other legal constraints on operating a UAS in a cathedral

precinct, a cathedral should foster broader good practice. This will include:

• Signage. For larger projects and larger UA (such as for metric survey, and television or

cinema productions) signage requirements for warning or information signs or any other

signs should be written into contracts and permissions. For many ad hoc surveys, such as

those by cathedral’s professional advisers and staff, a portable sign may be used.

• Identifiable operative. In most circumstances, wearing highly visible clothing identifying the

UAS operator should be a condition of consent for the work.

• Advance warning of UAS survey. A cathedral should assume responsibility for informing

tenants of upcoming surveys in or adjacent to their property. Where major tenants

commission or permit UAS operations, a cathedral should ensure that these guidelines are

followed and require the tenants to inform occupants, neighbours and the cathedral. For a

cathedral’s professional advisers and staff, a procedure should be agreed: for example, the

head verger be forewarned of any survey or inspection on the cathedral itself, and the

estates manager or clerk of works forewarned of any survey or inspection elsewhere in the

precinct (so that immediate neighbours to be notified).

• Livestock and pets. Some cathedral precincts are used by livestock. All have pets living in

or using the precincts. Contracts and permissions, method statements and the agreed

procedure for the cathedral’s professional advisers and staff, should include conditions

relating to the need to avoid unnecessary disturbance of or causing distress to such animals.

7 OPERATION

Operation of UAS after 31 December 2020 falls under several categories as follows:

7.1 CAA Permission for Commercial Operations

UA can be flown under a CAA Permission for Commercial Operations (PfCO), which will continue

to be valid for as long as renewed: renewal after 31 December 2020 means an existing PfCO will

become an Operational Authorisation, but the terms will remain the same.

From 31 December 2020, any new operators wanting the equivalent privileges of a PfCO must apply

for an Operational Authorisation and follow the requirements set out in UKPDRA01 as detailed in

CAP 722. These require remote pilots to complete the General Visual Line of Sight (VLOS)

Certificate (GVC) and the operator must submit their operations manual to the CAA. The operator

will then be issued with an Operational Authorisation.

7.2 Open category

As defined in CAP 722, the Open category covers ‘operations that present a low risk to third

parties. Operations within this category are conducted within a set of basic and pre-defined

limitations and do not require any further authorisation by the CAA.’

The Open category is subdivided into three subcategories:

A1 (Fly ‘over’ people) – Operations in subcategory A1 can only be conducted with UA that present

a very low risk of harm or injury to other people due to their low weight (less than 250g), their type

of construction, or because they are a ‘toy’. However, flight over open-air assemblies of people is

not permitted.

A2 (Fly ‘close to’ people) – Operations in subcategory A2 can only be conducted with a UA that is

compliant with a specific product standard (and a maximum mass of less than 4kg), but this UA can

be flown to a minimum safe horizontal distance of 30m from uninvolved people, or down to 5m

horizontally when its ‘low speed mode’ is selected. The remote pilot must have successfully

completed a competency examination in order to operate in this subcategory.

A3 (Fly ‘far from’ people) – This category covers the more general types of UA operations. The

intent is that the UA will only be flown in areas that are clear of uninvolved persons and will not be

flown in areas that are used for residential, commercial, industrial or recreational purposes.

Given the nature of cathedral precincts, only subcategories A1 and A2 are applicable to this

guidance, with the key operating areas, constraints and UA classes that apply as follows:

Open subcategory A1

• For <250g UA the operator must have registered the UA and have read the manual

• Flights may be conducted within residential, commercial, industrial and recreational areas

• <250g UA may be flown over uninvolved persons, but not over assemblies of people

• Class C1 aircraft, and those UA within the ‘A1 Transitional Class’ must not be intentionally

flown over uninvolved persons

• If a class C0 or any other <250g UA, or a Class C1 UA (<900g) has its ‘follow me mode’

activated, it may be flown up to a distance of 50m from the remote pilot, even if this means

that the aircraft is no longer within visual line of sight

• Operators of C1 UA (<900g) are required to pass the remote pilot online ‘foundation test’

(and hold a ‘flyer ID’) before they can start flying

• Operators of the A1 Transitional Class (which consists of UA that are covered by the

transitional provisions for UAs with ‘flying weight’ less than 500g until 31 December 2022)

must have passed the ‘A2 CofC’ examination

Open subcategory A2

• The operator of the UA must hold a ‘certificate of remote pilot competency’ which enables

subcategory A2 operation (A2 CofC)

• Flights may be conducted within residential, commercial, industrial and recreational areas

• Uninvolved persons must not be overflown at any height

• C2 class UA (<4kg flying weight) must not be flown closer than 30m horizontally from

uninvolved persons, but if the ‘low speed mode’ (if fitted) has been activated, this horizontal

distance can be reduced to 5m

• A2 Transitional Class UA (which consists of UA that are covered by the transitional

provisions for UA with ‘flying weight’ <2kg until 31 December 2022) must not be flown

closer than 50m horizontally from uninvolved persons (there is no reduction for any ‘low

speed mode’).

7.3 Specific category

As defined in CAP 722 the Specific category covers:

‘operations that present a greater risk than that of the Open category, or where one or more

elements of the operation fall outside the boundaries of the Open category.

The key element of the Specific category is that the UAS operator is required to hold an

Operational Authorisation, which has been issued by the CAA.

The Operational Authorisation will be based on the CAA’s evaluation of a safety risk assessment

produced by the UAS operator or, in some circumstances, has been ‘pre-defined’ and published by

the CAA. The Operational Authorisation document sets out the privileges and limits of the

operation. Given the name of the category, each Operational Authorisation is specific to the named

UAS operator and is dependent on the risk assessment and evidence supplied to the CAA by that

operator.’

7.4 Certified category

As defined in CAP 722, the Certified category covers ‘operations that present an equivalent risk to

that of manned aviation; because of this they are be subjected to the same regulatory regime (i.e.

certification of the unmanned aircraft, certification of the UAS operator, licensing of the remote

pilot).’

This category is extremely unlikely to apply to use of UAS at English cathedrals.

7.5 Operation inside the cathedral church

Operation of a UAS inside the cathedral church, or within any other building in the precinct, falls

outside the remit of the CAA. Similar requirements to those for external flying should be applied as

the risks to people and the building are essentially similar. There will be additional factors to take

into account, such as noise disturbance (if quiet activities are taking place, such as services and

private prayer), more delicate fixtures and fittings (vulnerable to impact by larger drones), and

down-draft created by rotor blades (which can disturb delicate hangings such as laid up flags and stir

up dust on ledges with potential impact on organs and aspirating smoke detection systems).

Any operation of a UA within the cathedral church should be limited to those with permission, and

should follow the requirements set out for the professional activities set out in the relevant sections

above. Method statements for specific activities or contracts, or generic agreements made with

professional advisers and staff, should include reference to the additional hazards of and necessary

arrangements for internal flights.

To avoid all uninvited flights of UA within cathedrals, cathedrals may wish to consider making entry

conditional on no such activity (for example by signage at entry or via ticketing details). Where this

is not possible or practical, or if it is ignored, ‘policing’ in person by vergers or cathedral guides will

be most effective, as with any other antisocial or privacy-infringing activity.

Thanks for considerable work in producing this guidance go to Dr Roland B Harris BA DPhil FSA MCIfA,

Archaeologist at Ely and Norwich Cathedrals.

January 2021