Longmore House
Salisbury Place
By email to:
Edinburgh
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
EH9 1SH
xxxxxxxxxx.xxx.xxxxxxxx@xxx.xxxx
14 July 2022
Dear Mr Allison
FREEDOM OF INFORMATION REQUEST: HISTORIC ENVIRONMENT SCOTLAND
Thank you for your request dated 20 May 2022 to Historic Environment Scotland under the
Freedom of Information (Scotland) Act 2002 (FOISA) for information regarding airspace
restrictions created under section 19 of the 'Ancient Monuments and Archaeological Areas Act
1979.
As the information you have requested is ‘environmental information’ for the purposes of the
Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your
request under those regulations. This is essentially a technical point and has no material effect
on the outcome of your request
Your request
You asked for:
It is my understanding that Historic Environment Scotland state in online communications that
they have the power to restrict airspace under the Ancient Monuments and Archaeological Areas
Act 1979. Specifically, it is claimed that "the delegated powers set out in section 19 of the 1979
Act allow us to place controls on drone flights over and close to the properties we care for to
protect them and our visitors". After speaking to the Civil Aviation Authority I have found that no
such airspace restrictions over any properties being cared for by Historic Environment Scotland
have been officially declared/classified nor do they appear on aeronautical charts.
1) Has any legal advice been obtained regarding the ability of Historic Environment Scotland to
create airspace restrictions or to place controls on flights over properties being cared for? If so,
what was that advice?
2) Section 19 relates to 'Public access to monuments' and does not appear to have any provision
for limiting space above monuments controlled and regulated by other organisations, which
subsection of section 19 of the 1979 Act is being used to place controls on drone flights over
properties being cared for by Historic Environment Scotland?
3) What is the maximum altitude of the general prohibition on drones over properties being cared
for by Historic Environment Scotland?
Historic Environment Scotland – Longmore House, Salisbury Place, Edinburgh, EH9 1SH
Scottish Charity No.
SC045925
VAT No.
GB 221 8680 15
4) Your UAS policy states "However, regardless of launch point, no UAS is permitted to fly over
our properties without permission", I would like to know the section and subsection of the Ancient
Monuments and Archaeological Areas Act 1979 that enables this policy
Response to your request.
Exceptions from duty to make environmental information available 10(5)(d)
1) An exception under regulation 10(5)(d) (Confidentiality of proceedings) of the EIRs applies to
some of the information you have requested. This is because it is internal legal advice and
disclosure would breach legal professional privilege.
This exception is subject to the ‘public interest test’. Therefore, taking account of all the
circumstances of this case, we have considered if the public interest in disclosing the information
outweighs the public interest in applying the exception.
We have found that, on balance, the public interest lies in favour of upholding the exception. We
recognise that there is a public interest in disclosing information as part of open, transparent and
accountable government, and to inform public debate. However, this is outweighed by the strong
public interest in maintaining the right to confidentiality of communications between legal advisers
and clients, to ensure that officials are able to receive legal advice in confidence, like any other
public or private organisation.
2) HES has various legal duties to ensure the safety of visitors to the sites in our care, and also to
ensure that we look after the unique historic sites in our care. Drones being launched from our
sites or overflying our sites pose risks to visitor safety and to the sites themselves. Our drone
policy is designed to assist HES in meeting its legal obligations.
3) Please see the extract from the HES UAV Operating manual below
Section 8 Environmental Operating Limitations
Item Detail
Maximum Ceiling Height*: 3280 ft AMSL
Maximum Operating Radius*: 500 Metres
* Notes:
CAA permission to fly, allow a UAV below 20kg to fly up to 400 ft from the level of the surface,
and a maximum radius
of 500 metres from operating within VLOS (visual line of sight.)
4) As question 2 - HES has various legal duties to ensure the safety of visitors to the sites in our
care, and also to ensure that we look after the unique historic sites in our care. Drones being
launched from our sites or overflying our sites pose risks to visitor safety and to the sites
themselves. Our drone policy is designed to assist HES in meeting its legal obligations
I hope this information is useful to you.
Your right to a review
Historic Environment Scotland – Longmore House, Salisbury Place, Edinburgh, EH9 1SH
Scottish Charity No.
SC045925
VAT No.
GB 221 8680 15
If you are unhappy with this response to your FOI request, you may ask us to carry out an
internal review, by writing to our Chief Executive at:
Historic Environment Scotland
Longmore House
Salisbury Place
Edinburgh
EH9 1SH
Or by email t
o xxxxxxxxxxxxxx@xxx.xxxx
Your request should explain why you wish a review to be carried out, and should be made within
40 working days of receipt of this letter, and we wil reply within 20 working days of receipt. If you
are not satisfied with the result of the review, you then have the right to make a formal complaint
to the Scottish Information Commissioner.
More detailed information on your rights is available on the Commissioner’s website at:
www.itspublicknowledge.info
I hope you find this information helpful.
Yours sincerely,
Linda Mackenzie
Finance & Planning Manager, Operations Directorate
Historic Environment Scotland – Longmore House, Salisbury Place, Edinburgh, EH9 1SH
Scottish Charity No.
SC045925
VAT No.
GB 221 8680 15