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In our previous article here, we reported on the growing use of commercial unmanned aerial vehicle (UAV) operations and looked at some of the legal issues involved. The widespread innovation of new UAV operations across the UK raises a number of questions for landowners in relation to issues such as overflying rights, trespass and nuisance and rights to privacy.
The announcement
This month the UAV industry has taken a step further towards greater commercial drone operations through the UK Civil Aviation Authority (CAA) and Ofcom announcement of the dedication of 978MHz as a radio frequency available for airborne transmission of UAV applications.
Greater autonomy for UAVs
The latest changes follow the CAA in November 2024 enabling new rules giving drones with much greater freedom to fly beyond visual line of site (BVLOS) restrictions. One of the big new beneficiaries of the new policy is the National Grid Electricity Transmission who will be able to use UAVs to conduct aerial surveys of grid infrastructure such as pylons and cables much more efficiently.
These latest changes are steps towards the CAA achieving its road map for the establishment of routine BVLOS operations across the UK by 2027. A market report provided by Business Gateway for the Scottish Government estimated the UK commercial drones market will grow rapidly to £2.2bn by the end of 2027.
The impact
Greater uptake in UAV usage is likely to result in more widespread issues for landowners and with legal enforcement. UK law enforcement agencies have already referred to preparations for new penalties and Unmanned Aerial Vehicles CAA and Ofcom announce new radio frequency for transmission controls on drone violations with a more rigorous set of exclusion operating restrictions around sensitive sites such as airports and military sites.
Conclusion
Whilst the opening up of UAVs creates new legal issues and risks for landowners, at the same time it presents opportunities. Commercial businesses looking to employ UAVs will have a requirement for new operating sites and locations. Many existing commercial premises will be unsuitable due to their existing planning or constrained legal rights.
As we have seen with telecoms and solar, there is likely to be a level of competition amongst commercial UAV operators to create hubs and networks of site locations.
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