GALBA’s complaint about night flight rule breaking 2024

This complaint was sent to Leeds City Council Planning Enforcement on 5 November 2024

Dear Mr Sanderson,

Breach of Night-Time Flight Cap at Leeds Bradford Airport (LBA)

This is a formal complaint made by Group for Action on Leeds Bradford Airport (GALBA) that Leeds Bradford Airport (LBA) has, for the 2024 Summer Season, breached the cap on the number of night-time flights. Specifically, LBA has breached condition 7 of the operative planning permission granted on 29 August 2007 (ref: P/07/02208/FU) (the 2007 Permission).

You will recall that GALBA made similar complaints on 18 October 2022 and 29 October 2023, concerning the 2022 and 2023 seasons. The night flying conditions applicable at LBA have not changed since our previous complaints and still bind LBA’s night-flight operations.

Furthermore, the recent rejections of CLEUD applications 1, 3 and 4 (23/07489/CLE, 23-07491-CLE and 23-07493-CLE) confirm that there are no aircraft that can be excluded from the night time cap apart from emergency flights where there is an immediate danger to life or health, whether human or animal, and for which a reason must be documented in accordance with Condition 12.

As a result of the 2022 complaint, Leeds City Council (LCC) found LBA in breach of the planning condition that restricts night-time movements, exceeding the number of permitted night-time movements by 25% during the 2022 summer season. A Breach of Condition Notice (BCN) was served by LCC which LBA accepted. This BCN remains extant today.

Night-Time Flight Numbers for 2024 Summer Season

GALBA has continued to monitor night-time flight numbers at LBA for the Summer Season 2024. In addition to its own monitoring, GALBA has purchased ADS-B data from FlightAware, an internationally recognised aviation company that operates the world’s largest flight tracking and data platform. The data can be accessed by clicking on this link.

Note that ADS-B is mandated for use by UK Air Traffic Control, and contains all data necessary to count night time flights. Consequently, analysis and verification of LBA’s reported flight data, potentially using external sources, is not necessary. This allows a rapid assessment of night time flights at LBA, and will allow LCC to complete its investigation within days rather than months, as has been the case in 2022 and 2023.

GALBA has found that LBA has breached the night-time quota cap once again, despite the BCN and the recent CLEUD rulings. Our analysis shows that during the Summer Season 2024, there were 3,740 night flight movements – 820 in excess of the permitted cap of 2920.

Enforcement Action

This is clearly a serious breach, not least as it directly contravenes the BCN served by LCC for the 2022 Summer Season, which LBA accepted.

In response to GALBA’s 2022 complaint, LCC’s Planning Enforcement Case Statement (dated 6 June 2023) said: “The local planning authority must work within the framework and constraints of the planning regulations, however, failure to comply with a breach of condition notice is a criminal offence that is liable to prosecution through the courts. If Leeds Bradford Airport fails to adhere to the limits set out in the 2007 planning consent there are other subsequent measures and steps that the council can take, such as an enforcement notice to ensure compliance.”

It is therefore expedient that LCC take the strongest enforcement action. Given the urgency of the matter, we further request that you respond to us in writing within 7 days of this letter i.e. 6 November, providing GALBA with an explanation of the enforcement action that you intend to take.

Yours sincerely

Nick Hodgkinson

Chair of GALBA