Decisions refusing two of the four Applications have been issued today.
LBA submitted 4 Certificate of Lawful or Existing Use Development (CLUED) applications to Leeds City Council recently. Today, two of these applications have been determined (applications number 23/07491/CLE and 23/07493/CLE). Both have been refused with the reasons for refusals and officers reports on these applications are to be published on the council website today.
The other two applications require further analysis of complex data which is taking time to assess, and the council will make a decision on these two applications in the coming months.
Also just announced:
"A spokesperson for Leeds City Council said: “The council can today confirm that it has refused two of the four Certificate of Lawful Existing Use or Development (CLEUD) applications submitted by Leeds Bradford Airport at the end of last year.
“The applications were refused after being assessed against an evidential and legal test.
“This means that certain types of aircraft movement will continue to count towards the limit on the airport’s permitted number of night-time flights.
“We are continuing to assess the complex technical data submitted in relation to the other two applications, which are due to be determined by July 8.
“The council has also completed its investigation into the airport’s alleged non-compliance with a breach of condition notice issued in June last year.
“Having assessed all relevant matters, the council has concluded that the airport has not complied with the notice. The council does not consider, however, that the public interest test for bringing a prosecution in relation to the non-compliance to have been met at this time. A delegated decision to that effect has therefore been made by the authority’s chief planning officer.
“That decision was not taken lightly, as we recognise planning issues relating to the airport are often the subject of much local debate.
“The impact of night-time flying on residents living near the airport was considered by the council, as well as the cost to the taxpayer of bringing a prosecution. This cost would far outweigh the £2,500 maximum fine that could be imposed on conviction. The ‘live’ status of the CLEUD determination process was also a relevant factor in the decision.
“It is also important to note that, as set out by national legislation and guidance, local authorities should only bring a prosecution over a breach of planning law where they consider it is expedient to do so.
“The council will keep working with all parties to address local concerns about night-time flights, and remains fully committed to efforts to tackle the wider climate emergency.
“Today’s decision does not prevent the council from bringing future prosecutions or taking other enforcement action, with our monitoring of night-time flight numbers at the airport continuing as normal.”
Notes to editors:
Leeds City Council served Leeds Bradford Airport with a breach of condition notice in June last year after an investigation found that it had exceeded the number of permitted night-time movements by 25 per cent during the 2022 summer season (corresponding to British Summer Time). As part of this notice, the airport accepted the requirement to operate no more than 2,920 night flights over the course of future summer seasons. The number of night flights during the 2023 summer season was 3,497. The nationally-set penalty for non-compliance with a breach of condition notice is a fine of no more than £2,500 on summary conviction.
The refused CLEUD applications are listed on the council’s public access planning system as Application 3 (reference number 23/07490/CLE) and Application 4 (reference number 23/07493/CLE). The airport has the right to appeal against the refusals."
