Make the Council take action when LBA breaks the night flight rules – again

On 13 May 2026, Leeds City Council (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 summer cap 2,920 or the winter cap of 1,200. 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 in LBA’s press statement is: “Any additional night-time movements above the 941 figure will count towards the cap.”

After LCC issued its CLEUD decision, GALBA’s lawyers wrote to LCC and LBA asking various questions. Paragraph 5.23 of LBA’s reply to GALBA 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).

It’s shocking and outrageous that LBA feels it can simply ignore the rules. 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 by the Council.

The CLEUD decision is 100% clear that any night flights over and above the existing summer cap or winter cap, plus 941, will break the night flight rules. 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 decision and make unlimited night flights. So much for certainty for local people!

A couple of days after we received LBA’s letter, the Civil Aviation Authority and the government’s 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. In short, more people are affected at lower decibel levels than assumed by the government and the aviation industry.

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.

There is plenty of medical evidence that shows the link between disturbed sleep and health problems such as heart disease, diabetes and stress. GALBA has summarised the evidence about ill health and noise in two short briefings: noise & health and frequent night noise and health.

Leeds City Council has a duty to look after the health and wellbeing of its residents. Please write to your local councillors telling them to take that duty seriously.