Update on Leeds Bradford Airport night-time flying applications

Leeds City Council has today confirmed that it will follow a process set out in national government legislation and guidance while dealing with recent applications from Leeds Bradford Airport relating to night-time flying.

The council received five Certificate of Lawful Existing Use or Development (CLEUD) applications from the airport earlier this month.

The applications, which have today been published in full on the council’s public access planning system, relate to whether certain aircraft movements are permitted at night at the airport.

CLEUD applications involve a different decision-making process to an application for planning permission and, as such, the council is keen to clarify the next steps it will take.

When dealing with a CLEUD application, local planning authorities – such as the council – have to adhere to regulations laid down by the Town and Country Planning Act 1990.

These regulations mean that CLEUD applications – which seek to confirm that an existing use of land or operational development is lawful – are not automatically subject to consultation or publication.

They also mean that CLEUD applications are determined purely on the basis of relevant factual evidence assessed against a legal test.

This in turn means that ‘planning merits’ – such as disturbance and possible impact on a surrounding area – which might typically be raised during a consultation cannot be taken into account when a decision on a CLEUD is being made.

At the same time, national guidance gives planning authorities discretion in certain circumstances to seek relevant factual evidence from third parties – including members of the public – when dealing with a CLEUD application.

Due to the significant public interest in the operations of the airport, the council has therefore decided to undertake a call for evidence.

This means that the council is seeking relevant factual evidence – such as flight data, flight times, flight frequency and size of aircraft – that relates to the specific operations at Leeds Bradford outlined in two of the applications.

Submissions must relate to the period covered by the airport’s evidence, which is August 29, 2007, through to August 28, 2018.

The call for evidence relates to the two applications (23/05440/CLE and 23/05442/CLE) for which the airport has submitted flight movement data.

The council is not at this stage undertaking a call for evidence on the remaining three applications as it is seeking further clarity on them from the airport.

It is important to note that a call for evidence is not the same as a ‘public consultation’, as general comments, objections and opinions on issues such as planning merits are not being invited as they cannot be taken into account during the determination process.

Councillor Helen Hayden, Leeds City Council’s executive member for sustainable development and infrastructure, said:

“The council recognises that planning matters relating to Leeds Bradford Airport are often the subject of much public interest.

“The call for evidence announced today means that third parties, including members of the public, may play a part in providing relevant evidence on these two applications.

“Please note, however, that determination cannot take into account evidence or comments which fall outside the process’s tightly-defined parameters.

“This approach is not a matter of choice for planning authorities, it is one laid down in law.”

People who believe they have relevant factual evidence relating to the two applications are asked to e-mail the information – including any verifying details – to the council at planning@leeds.gov.uk no later than October 18.

As is standard practice, evidence received will be shared with the applicant prior to the assessment and determination of each application by the council.

ENDS