News Updates
June 06 2023 • 3 minute read
The Group for Action on Leeds Bradford Airport (GALBA) has welcomed today’s decision by Leeds City Council to issue a ‘breach of condition’ notice against Leeds Bradford Airport for breaking the rules that limit the number of night flights in summer 2022. GALBA described the Council’s enforcement action as necessary to stop the airport violating the rules and damaging people’s health again this year.
Chris Foren, chair of GALBA, said: “Last year, we told the Council that we believed there had been over 600 more flights than allowed at night from LBA during the 2022 summer season. It turns out there were actually 747 over the limit!”
“We’re pleased that the Council has accepted our complaint and is taking enforcement action. Sadly, the Council has no power to impose a fine but the breach of condition notice is important. It should mean the airport doesn’t break the night flight rules again this summer – that’s good news for local people and for the environment.”
Chris added: “We’ve said all along that the airport’s bosses cannot be trusted and this shows we were right. They will always put their profits above the rules, people’s health and the planet. We’re pleased that the Council has set up a new monitoring framework but we’ll also keep an eye on the number of flights and take action if LBA breaks the rules again.”
Andy Tait, a GALBA member who lives near the airport said: “It’s disgraceful that Leeds Bradford Airport just ignored rules that its own bosses signed up to. Night flights are strictly limited by a planning condition for a good reason – medical research has repeatedly shown that noise, especially at night, is linked to mental and physical health problems. And, of course, every additional flight means more air pollution and more damage to our climate.
I don’t begrudge anyone their annual holiday but there has to be a limit on the amount of flying at night and the airport has to stick to that limit. No one is above the law so it’s good news that the Council has taken action to enforce its own rules.”
“It’s disgraceful that Leeds Bradford Airport just ignored rules that its own bosses signed up to. Night flights are strictly limited by a planning condition"
Additional notes
Night flight rules: LBA operates under a cap on night time flights under its current planning conditions. Leeds City Council has responsibility for monitoring and enforcing those conditions. They define the Summer Season as British Summer Time, which was 27 March to 30 October in 2022. The night time period is defined as 23:00 hours to 07:00 and an aircraft movement is defined as a landing or a departure. The 2023 Summer Season began on 26 March.
The maximum number of night time aircraft movements in the Summer Season is set at 2,800 and in the Winter Season at 1,200. Up to 10% of ‘unused’ night flights from the previous season may be transferred to the next season. Due to the impact of the pandemic during the previous winter season, the cap of 1,200 was not reached. Consequently, the limit on night time aircraft movements during the 2022 Summer Season was 2,920.
Leeds City Council’s decision: LCC have issued a ‘breach of condition’ notice having found the following:
“During the BST period in 2022 there were 3667 night-time movements. The cap imposed by Condition 7 for BST in 2022 was 2920 (which included the 10% transfer of unused Winter season movements). The number of aircraft movements therefore exceeded the cap by 747 which amounts to a 25% increase on the cap which is a breach of Condition 7 of the 2007 Permission.
During the BST period in 2022 there was 1 departure by aircraft recorded by LBA as being Quota Count 1 during the night-time period. This is a breach of Condition 4…
LBA have been informed of these outcomes and a Breach of Condition Notice has been served, by the Council on 6th June 2023, in respect of Condition 7. LBA have accepted that a breach has occurred and the requirement to comply with the Breach of Condition Notice and adhere to the limits set in Condition 7.
Whilst there has been a breach in respect of Condition 4, this was by a single departure, it was not therefore considered expedient to take enforcement action given the de minimis level of this breach. However, a revised monitoring framework has been put in place by LBA, to be reviewed by the City Council on a monthly basis, to ensure continued compliance with all of the Planning Conditions.”
The full text of LCC's 'Breach of Condition Notice' is below
22/01109/NCP2
IMPORTANT – THIS COMMUNICATION AFFECTS YOUR PROPERTY
LEEDS CITY COUNCIL
TOWN AND COUNTRY PLANNING ACT 1990
(as amended by the Planning and
Compensation Act 1991)
BREACH OF CONDITION NOTICE
Served by LEEDS CITY COUNCIL (The Council)
To: Parties or entities formally served with this notice
1. This Notice is served by the Council, under section 187A of the above Act, because
they consider that condition imposed on a grant of planning permission, relating to the
land described below, has not been complied with. The Council consider that you
should be required to comply/secure compliance with the condition specified in this
notice. The Annex at the end of this Notice contains important additional information.
2. THE LAND AFFECTED BY THE NOTICE
Land at Whitehouse Lane, Leeds, LS19 7TZ
3. THE RELEVANT PLANNING PERMISSION
The relevant planning permission to which this Notice relates is:
07/02208/FU granted by the Council on 29 August 2007 for Variation of condition 15 of
application No. 29/114/93/FU – removal of part highway improvement scheme (part c
and e).
4. THE BREACH OF CONDITION
Development has taken place pursuant to planning permission reference 07/02208/FU
for variation of condition 15 of application No. 29/114/93/FU – removal of part highway
improvement scheme (part c and e).
The following condition of 07/02208/FU is not being complied with, specifically
Condition 7(f) in respect of the Summer Season 2022:-
Condition 7
Subject to 7 (c) to (f) and 8 below, the maximum number of aircraft movements in the
night-time period by aircraft specified in condition 6 (a) to (d) shall be limited to and not
exceed:-
a. 1400 in Summer seasons.
b. 600 in Winter seasons.
c. Subject to the approval of the Local Planning Authority in writing, 900 for each
Winter season with effect from and including 1996/7.
d. Subject to the approval of the Local Planning Authority in writing, 2100 for each
Summer season with effect from and including 1997.
e. Subject to the approval of the Local Planning Authority in writing, 1200 for each
Winter season with effect from and including 2001/2.
f. Subject to the approval of the Local Planning Authority in writing, 2800 for each
Summer season with effect from and including 2002.
5. WHAT YOU ARE REQUIRED TO DO
As the person responsible for the breach of condition detailed in paragraph 4 of this
Notice, you are required to comply with the stated condition by taking the following
steps:-
Subject to Condition 8, Comply with Condition 7 (f) by:
(1) Ensure that the maximum number of aircraft movements in the night-time period
by aircraft specified in Condition 6 (a) to (d) shall be limited to and not exceed
2800 for each summer season with effect from and including Summer season of
2023: and
(2) lmmediately cease all activities, aircraft scheduling and all other acts or
permissions that will result in the number of aircraft movements in the night-time
period by aircraft specified in Condition 6 (a) to (d) exceeding 2800 for each
Summer season.
The above requirements are subject to Condition 8 of the 07102208/FU planning
permission which permits that not more than 10% of the seasonal allocations defined
by Condition 7 may be transferred between consecutive seasons.
6. PERIOD FOR COMPLIANCE
The period for compliance in respect of paragraph 5(1) above is midnight on the last
day of the Summer season 2023 and by midnight on the last day of the Summer
season in each consecutive year thereafter.
The period for compliance in respect of paragraph 5(2) above is twenty eight days
beginning with the date on which this Notice is served on you.
DATED: 6 June 2023
SIGNED:
David Feeney
Chief Planning Officer
On behalf of: Leeds City Council
Merrion House 110 Merrion Centre
LEEDS LS2 8BB
ANNEX
WARNING
THIS NOTICE TAKES EFFECT IMMEDIATELY IT IS SERVED ON YOU IN PERSON OR
ON THE DATE YOU RECEIVED IT BY POST.
THERE IS NO RIGHT OF APPEAL AGAINST THIS NOTICE.
It is an offence to contravene the requirements stated in paragraph 5 of this notice after the
end of the compliance period. You will then be at risk of immediate prosecution in the
Magistrates’ Court, for which the maximum penalty is £2,500 for the first offence and for any subsequent offence. If you are in any doubt about what this notice requires you to do, you should get in touch immediately with Mr Sanderson.
If you need independent advice about the notice, you are advised to contact urgently a
lawyer, planning consultant or other professional adviser specialising in planning matters. If you wish to contest the validity of the notice, you may only do so by an application to the High Court for judicial review.
Leeds Bradford Airport is big enough already