The Group for Action on Leeds Bradford Airport (GALBA) is challenging what it describes as a “mixed decision” by Leeds City Council over night flying at the airport.
The council has granted Leeds Bradford Airport (LBA) a Certificate of Lawful Existing Use or Development (CLEUD), confirming certain historic operations as lawful. GALBA welcomed part of the ruling, which it says prevents the airport from operating an unlimited number of night flights.
However, the group strongly disputes the council’s conclusion that LBA can operate an additional 941 night flights per year.
GALBA has sent a legal letter to the authority requesting that this aspect of the decision be reconsidered and says it is exploring the possibility of a court challenge.
Nick Hodgkinson, chair of GALBA, said: “Obviously, it’s disappointing that the council has allowed the CLEUD, but it’s a mixed decision. The good news is that they did not allow unlimited night-time flying at LBA. That’s what the airport wanted and they failed.
“However, the council has allowed the airport to fly an additional 941 planes at night every year. We believe that part of the decision is legally incorrect and our lawyers have written to the council today, asking them to put it right.”
He added that the flights could be concentrated in peak periods: “In practice, LBA will try to fly all of those additional planes during the summer months, causing a big increase in noise and pollution. That would be bad news for local people, the air we breathe and the climate we all depend on.”
According to GALBA, updated legal advice suggests that aircraft covered by the CLEUD are now lawfully permitted to operate at night and should therefore be included within the airport’s existing cap of 4,000 annual night flights.
The group argues that if that cap is exceeded, the council would have grounds to take enforcement action.
GALBA secretary Ian Coatman said: “As bizarre as it sounds, the way a CLEUD works is that if you have been breaking the rules for 10 years, without getting caught, you get to carry on breaking the rules with immunity from prosecution. In this case, LBA has been flying aircraft that were never approved for night flying.
“So this decision simply approves those planes and makes them lawful. In other words, they are allowed to fly at night. Now that they are lawfully allowed to fly at night, they have to be counted towards the annual limit of 4,000 night flights.”
He added that the figure of 941 reflected historic activity rather than a new allowance: “The figure of 941 just reflects the scale of LBA’s unlawful night flights in the past. This has no connection to the annual limit since all of those 941 flights need to be counted towards the cap.
“The mistake the council has made is to think that somehow these flights shouldn’t be counted at all. We hope they will put that right very soon. If they don’t, we’ll consider taking them to court.”
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