LBA want to change night flight rules. They say this is simply to ‘modernise’ the existing rules and would not cause any significant additional noise or air pollution. This is false.
Introduction: LBA claim their application would incentivise the use of marginally quieter and cleaner aircraft but what they are actually requesting is permission for a 75% increase in night flights in the summer season. Please look at the simple arithmetic on our website for an explanation of this figure. While each individual flight might be slightly quieter and cleaner, the rise in the total number of flights would wipe out any benefit.
LBA also want to extend the daytime flying period to run from 6.00 to 23.30. During the daytime, there are no limits on the numbers of flights allowed and no limits on how noisy those flights can be. Therefore, if approved, the application would allow LBA to fly as many aircraft as possible, with no restriction on their noise levels, from 6am till 11.30pm.
This application is not about ‘modernisation’, it’s about expansion, with all the resulting impacts on local people, our environment and the climate.
Expansion: LBA’s latest attempt to change the night flight rules needs to be put into context. The simple fact is that LBA want permission to operate as many night flights as physically possible. This is because their expansion plans rest entirely on attracting airlines with the promise of as many night flights as they want – allowing the airlines to fly their fleets round the clock.
Standing in their way is the current night flight limit, which was set to protect the health of the citizens of Leeds. This is why for six years LBA has made numerous attempts to remove that limit. Here’s a brief summary of those six years. You’ll see the many and varied ways in which LBA has attempted to replace the current limit. The approach they have taken to rules and regulations is illuminating.
2020 Planning Application: in 2020 LBA submitted a planning application, the one with the new terminal. The new terminal was never an issue for GALBA. But buried in the detail of the application was a request for the removal of the existing night flight numerical cap and its replacement with a ‘noise quota limit’ system. There is nothing wrong in principle with a noise quota limit system. What matters, however, is at what level that limit is set.
The limit LBA wanted would have effectively allowed LBA to fly as many night flights as possible. LBA withdrew that application rather than face a public inquiry to review the application but the CEO then made a telling statement to the media. He said that LBA would ‘take the approvals that we already have and work with them in a really creative way.’
2022 The Breaches Begin: it didn’t take long to find out what this meant. In the summer of 2022, LBA breached the night flight limit by 747 flights. LBA denied it, right up to the point that LCC issued a breach of condition notice. The CEO apologised and promised that it would never happen again. It did, in 2023, 2024 and 2025. LBA’s excuse was that they were interpreting the rules as they saw them.
The CLEUDS
2023 The CLEUDs Begin: Certificates of Lawful Existing Use or Development (CLEUDs) are rather strange things. Essentially, under planning law if you break a rule consistently for 10 years without prosecution, you can apply for permanent immunity from prosecution. It’s like a burglar turning up at the police station with 10 years of loot and claiming immunity from prosecution for all time.
LBA applied for five CLEUDs for various claimed infringements of the rules, the most important being that they had been operating newer aircraft at night without ever getting formal approval to do so. According to LBA, this meant that should have permanent immunity from prosecution for this rule breaking and fly as many of these at night as they wanted.
2024 The Appeals Begin: LBA had to withdraw these CLEUDs as a result of the inaccurate evidence that they supplied. They then resubmitted the CLEUDs with different evidence. LCC rejected these (for both legal and evidential reasons) and LBA immediately appealed to the government, meaning that a public inquiry had to be held. At that Inquiry, the Planning Inspector rejected LBA’s appeal and guess what? LBA appealed that decision. As far as GALBA knows, this appeal is still working its way through the courts.
2026 CLEUD Number 10: LBA tried another CLEUD in early 2026. By our count this was the 10th. By combing flight data from every conceivable aircraft type that fitted their argument, they persuaded LCC that they had enough evidence to prove 10 years continuous breach of the night flight rules. LCC approved this CLEUD, allowing LBA an additional 941 night flights, bringing the total up to almost 5,000 per annum.
2026 Thanks but No Thanks: despite publicly welcoming LCC’s decision to allow 941 more night flights, LBA then said that they did not agree with it and would not accept the decision. As far as they were concerned, there was now no limit to night flights.
The New Planning Application: LBA has now submitted another planning application. As well as replacing the night flight limit with a ‘noise quota limit’ system, it also seeks to remove all restrictions from 6am, rather than 7am. This is a rerun of the proposed 2020 night flight changes and it brings us full circle.
So, LBA is pushing through an appeal against the 2024 government rejection of the earlier CLEUD, publicly stating that it will ignore LCC’s decision on the latest CLEUD and making another application to rewrite the night flight conditions. All of these have the same aim – expansion via as many night flights as can physically be made at LBA. Finally, LBA is owned by American finance and the Spanish state. Increased profit for their owners is LBA’s aim and if they succeed, it’s the rest of us that will pay – through our health and environment.