News Updates

Council must confirm unlimited night flights are not allowed

June 26 2026

Campaigners outraged at airport’s claim that it can make unlimited night flights and call on Council to commit to legal action

In a letter sent to lawyers representing the Group for Action on Leeds Bradford Airport (GALBA) by Leeds Bradford Airport’s lawyers, LBA claims there is no limit on the number of night flights allowed at the airport.

This is despite Leeds City Council’s recent decision that only 941 additional night flights were permitted on top of the cap of 2,800 summer night flights and 1,200 winter night flights. This was the result of Leeds City Council granting LBA a Certificate of Lawful Existing Use or Development (CLEUD) on 13 May.

Today, GALBA has written to the Council’s Planning Department and Chief Executive, to Cllr Peter Carlill and to local councillors, asking them to confirm that the Council will take strong enforcement action if LBA exceeds the new summer season cap of 3,861 night flights.

You just can’t trust LBA’s bosses

Nick Hodgkinson, Chair of GALBA, said: “It’s shocking and outrageous that LBA feels it can simply ignore a legal ruling. But they have a track record of doing this. They were only granted the CLEUD because they broke the night flight rules for 10 years without getting caught.”

“When the CLEUD decision was announced, LBA said it provided ‘much-needed certainty for our partners, our passengers and the local community.’ But now they claim they can ignore the Council’s CLEUD decision and make unlimited night flights. So much for certainty! You just can’t trust LBA’s bosses.”

Nick added: “We’re angry with the Council for being asleep at the wheel during the 10 years when LBA broke the rules. But the recent CLEUD decision did at least limit the number of extra night flights. So the next time LBA breaks the rules, we fully expect the Council to take legal action against LBA.”

“If that doesn’t happen, we will take legal action against the Council.”

The Council has a duty to protect its residents

Ian Coatman, Secretary of GALBA, said: “A new government report, published this month, has confirmed what local people know only too well – night time aircraft noise affects many more people, at much lower decibel levels, than the government and aviation industry have been telling us.”

“Night time noise isn’t just a bit of a nuisance, it’s a serious public health issue, closely linked to cardio-vascular illnesses like strokes and heart attacks.”

“The Council has a duty to protect the health and wellbeing of its residents – the people who vote for them. They haven’t done that well when it comes to LBA but now they have another chance to prove they care about local people.”

“When LBA next breaks the night flight rules, as we expect they will this year, Leeds City Council can and must take the airport to court and get them a hefty fine.”

NOTES

LBA’s CLEUD statement: LBA’s public statement on the CLEUD decision is available here.

LBA’s response to GALBA’s Pre-Action Protocol letter: full copy is available here. The key paragraph is 5.23, which states:

“LBA’s position remains that it has an accrued right to fly aircraft below 87 EPNdB during the night time. The effect of the CLEUD confirms and certifies an accrued right to fly 941 movements, but it does not purport to certify that it is unlawful to fly more and LBA’s position remains that it also has an accrued right to fly more even though LCC has not certified an unlimited number. Any purported approval by LCC of aircraft under condition 6(c) cannot alter LBA’s accrued rights. LCC does not have the power to “approve” aircraft under condition 6(c) absent any application from LBA.” (Emphasis added).

GALBA’s legal letter to Leeds City Council: the letter is available on here. It asks Leeds City Council to confirm that:

  • the CLEUD decision has limited the number of additional night flights to 941 per year
  • it will take enforcement action when LBA exceeds the permitted number of 3,861 night flights in the summer season

Why is 3,861 the cap in summer? The CLEUD allowed LBA to fly 941 extra night flights per year. In practice, all of those 941 will fly in the summer season because there is low demand in winter. The summer season cap is 2,800 and LBA is allowed to ‘carry forward’ 10% of the 1,200 winter cap if there are fewer than 1,200 winter flights, which is usually the case. Therefore, 2,800 + 120 + 941 = 3,861.

Leeds City Council’s CLEUD decision: on 13 May, LCC issued its decision on LBA’s application for a Certificate of Lawful Existing Use or Development (CLEUD). LCC agreed that LBA had flown aircraft unlawfully for 10 years at night, with no enforcement action by LCC, and awarded LBA the CLEUD.

However, the decision expressly limited the number of additional night flights to 941 per year, on top of the cap of 2,800 in summer or 1,200 in winter. The CLEUD decision is available here and LCC’s press statement accompanying the decision can be found near the end of this YEP article. The key sentence is: “Any additional night-time movements above the 941 figure will count towards the cap.”

GALBA’s Pre-Action Protocol letter: after LCC issued its CLEUD decision, GALBA’s lawyers sent a Pre-Action Protocol letter to LCC and LBA asking various questions. The aim was to explore the potential for legal action to challenge the CLEUD decision. GALBA is not pursuing this option.

Government reports on the impact of aircraft noise: in June, the Civil Aviation Authority and the Department for Transport published two landmark studies examining daytime aircraft noise and the effects of night-time noise exposure in the UK. The Aviation Night Noise Effects (ANNE) study, examines the relationship between aviation noise on sleep disturbance and annoyance, and how this varies at different times of the night.

The ANNE study found that night time aircraft noise causes 10% of people to be ‘highly annoyed’ at 43 decibels and ‘highly sleep disturbed’ at 44 decibels. At 46 decibels, the percentage of people highly annoyed doubled. There is more information about the reports from the Aviation Environment Federation.

Councillor Peter Carlill: is a new member of the Council’s Executive committee and he has lead responsibility for Leeds Bradford Airport: peter.carlill@leeds.gov.uk

Help give us a voice

Take action

Please support us

Donate

Make a difference

Join us

Leeds Bradford Airport is big enough already