§ Lord Marlesfordasked Her Majesty's Government:
Whether they are satisfied that there are adequate regulations in place to prevent noise pollution from privately owned helicopters which land and take off from private premises close to residential areas; if so, where these regulations are published; and, if not, what action they propose to take. [HL6054]
§ Lord Macdonald of TradestonThe Town and Country Planning Act 1990 excludes from the statutory definition of development the use of buildings or land within the curtilage of a house for purposes which are incidental to the occupants' enjoyment of the house. Therefore, a planning application would not be required to keep a helicopter and to take off and land the helicopter within the curtilage of a dwellinghouse provided that the use is incidental to the domestic needs or enjoyment of the occupants of the house. If the use of the helicopter is more than incidental and amounts to, for example, a commercial operation, then a planning application for change of use of the land may be needed. However, that is a matter which the local planning authority has to decide on the facts of each case.
Civil helicopter pilots must abide by the rules of the Air Regulations and other applicable civil aviation legislation.