Airport CLEUD decision made

We’ve pasted the full decision made by the Planning Authority below but here’s the summary.

Unlimited night flights asked for by the airport have been turned down:

• the airport previously applied for CLEUDs, these were turned down by the council. The airport appealed this, the Planning Inspectorate agreed with the council but also found that some of the quieter types of aircraft that the council had been treating as contributing to the cap were in fact not allowed under the planning conditions

• so the airport put in a CLEUD, basically saying that since they’ve been running this type for 10+ years without permission they should be able to do so on an unlimited basis

• the council's decision today disagrees with this but does agree that a certain number (941 per year) should be allowed because that’s in line with the minimum per year the airport had been flying

• at the same time the council has unilaterally approved that type of aircraft so that any night flights over and above the 941 will contribute to their overall cap

• this creates a baseline for enforcement. Since 2023 the council has been receiving monthly flight numbers and we have asked and had it confirmed that enforcement action will be taken if a breach is made at the end of the current British Summer Time season (31st October - the flight cap is measured by season: winter and summer)

This is a really complex issue, we are happy to answer questions - please email us so we can track these and answer in full!

We only received this decision today but wanted to share it right away. Our article last week sets out our general views on the topic.

Full decision and press release:

“This is to let you know that the Local Planning Authority have determined the CLEUD application at the airport this afternoon, confirming up to 941 additional aircraft movements per year that are immune from enforcement and deemed lawful, which will not count towards the airport’s summer and winter caps. This means LBA’s application for unlimited flights has in effect been refused.

In parallel, approval of the same aircraft type (under condition 6(C) of the 2007 planning permission, which caps the total number of nighttime movements) will ensure all movements over and above 941 per year will operate within the cap.

Together, this would establish a clear baseline consistent with the 2007 planning permission.

Below is a reactive press release which has also been prepared

A spokesperson for Leeds City Council said: “The council, acting as the local planning authority for Leeds, has determined a Certificate of Lawful Existing Use or Development (CLEUD) application submitted by Leeds Bradford Airport.

“This provides increased clarity on the airport’s operation regarding night-time flight numbers, which we are aware is a matter of local interest.

“The council has approved and confirmed as lawful up to 941 additional night‑time aircraft movements per year by quieter aircraft, a figure which is in line with movement numbers previously operated by the airport. This decision is based on UK planning law and an assessment of the airport’s flight records over a 10-year period.

 “Leeds Bradford Airport had asked the council to confirm that unlimited flights by these quieter aircraft during the night‑time were lawful. The council did not agree to this.

 “The 941 newly confirmed movements are in addition to the existing limits on night‑time flights at the airport, which were established in a 2007 planning permission and are capped at 2,800 movements during British Summer Time and 1,200 during the winter season. Any additional night-time movements above the 941 figure will count towards these caps. “

Notes to editors:

The Certificate of Lawful Existing Use or Development (CLUED) was determined following a formal call for evidence by the council. All flight data submitted by third parties was independently verified by the council and external sources.

References to ‘quieter aircraft’ mean aircraft with a certified noise level of less than 87 EPNdB (Effective Perceived Noise Decibel).

Under a condition of Leeds Bradford Airport’s planning permission in 2007, the night-time period is defined as 23:00 to 07:00.

Any aircraft movements above the total capped movements would constitute a breach of planning permission and could be subject to enforcement action”

*a CLEUD is a legalistic planning application allowed under national planning law which says: if a breach of planning conditions can be shown to have happened continuously for 10 years then it must be allowed to continue. It’s not something the public can comment on, it’s a purely factual application. The airport has put in several CLEUDs over the last few years