LBA night flights: Leading climate activist writes to Leeds Bradford Airport over night flights issue

Charity leader Katie White, who received an OBE in 2013 for services to climate change engagement, claimed there will be “significant environmental impacts” from the airport’s plans.

LBA applied for a series of certificates of lawful development from Leeds City Council earlier this month, which effectively asked for confirmation it’s allowed to run supposedly quieter planes at night.

It comes just three months after bosses had to apologise for breaching its quota of night-time flights during the 2022 summer season.

Campaigners claim the latest move could result in “unlimited” night-time flying if the certificates are issued, but the airport denies this is and insists it’s only trying to “clarify” what rules it is bound by.

But in the letter to airport CEO Vincent Hodder, which has also been signed by several councillors from the Horsforth and Otley areas covered by flight paths, Ms White wrote: “Night flying has become a very contentious issue locally.

“We note that having only recently (June of this year) received an apology from you for breaching planning conditions, residents are incredibly concerned about the recent “clarification” which it is believed may lead to a consistent increase in night flights.

“We understand you are proposing that night flying is just for quieter planes. Can you clarify which of the current planes that fly out of Leeds Bradford airport will not meet the criteria for “quieter” planes?”

There’s been criticism of the way the airport has approached the matter. Campaigners have said LBA should have submitted an application to vary its planning conditions, which would have allowed members of the public to comment ahead of a decision.

Certificates of lawful development do not offer the public the same entitlement.

The letter added: “We further note that the developer has failed to apply to vary the relevant planning conditions but rather sought to do so in effect, but via a different route, namely a certificate of lawful use.

“We are concerned that this route seeks to circumvent important procedural safeguards in planning law and query its legality.”

A spokesman for the airport confirmed it would respond to the letter personally, but declined to comment any further.

The council has said it legally has to make a decision on whether or not to approve the certificates by November 1.

The letter in full

Dear Mr Hodder,

The residents of Leeds have had a long and fruitful relationship with Leeds Bradford Airport, enjoying the opportunities for travel as well as benefitting from the jobs created in our local economy.

However, any meaningful relationship has to be built on mutual trust.

We are writing with concerns which we believe have the potential to significantly damage that trust.

Night flying has become a very contentious issue locally.

We note that having only recently (June of this year) received an apology from you for breaching planning conditions, residents are incredibly concerned about the recent “clarification” which it is believed may lead to a consistent increase in night flights.

We understand you are proposing that night flying is just for quieter planes. Can you clarify which of the current planes that fly out of Leeds Bradford airport will not meet the criteria for “quieter” planes?

We further note that the developer has failed to apply to vary the relevant planning conditions but rather sought to do so in effect, but via a different route, namely a certificate of lawful use. We are concerned that this route seeks to circumvent important procedural safeguards in planning law and query its legality. Please can you confirm that this is not the case?

We believe that any proposed changes should have been subjected to an environmental impact assessment (under Schedule 2 of the EIA Regulations 2017) since the changes are, in effect, an extension of the development (as regards use). There are reasonable grounds to believe that the changes to night flights may have significant environmental impacts (on the basis that most modern aircraft would meet the standards you propose) thereby significantly increasing greenhouse gas emissions (for example). Please confirm whether the council has adopted a screening decision in relation to the application for the certificate?

You will be familiar with the judgment in Hatton and Others v. the United Kingdom. The ECtHR made clear that night flights engaged Article 8 ECHR and relied heavily on the robustness of the decision-making process (including monitoring of impacts and detailed analysis of health impacts in relation to Heathrow in particular) to reach the conclusion that it did. We struggle to see that robustness is replicated here either in terms of evidence base or public participation such as it is in relation to the application for the certificate. Accordingly any decision to grant the certificate by the Local Authority subject to the process currently envisaged seems to us to be at risk of legal challenge.

We look forward to hearing from you.

Signed By:

Katie White OBE, Climate Campaigner

Ray Jones, Leeds City Councillor for Horsforth

Emmie Bromley, Leeds City Councillor for Horsforth

John Garvani, Leeds City Councillor for Horsforth

Jamie Hanley, Chairman of Leeds Trinity University and Legal Director of the GMB Union

John Eveleigh, Former Mayor of Otley

Simon Dowling, Horsforth Town Councillor

Gill Garvani, Horsforth Town Councillor

Andy Wishart, Horsforth Town Councillor

Aiden Goulden, Horsforth Town Councillor

Mark Fletcher, Horsforth Town Councillor

Francesca Gains, Horsforth Town Councillor

Eddie Hyndes, Horsforth Town Councillor

Julio Tumalan, Horsforth Town Councillor

Becky Cousins, Horsforth Town Councillor

Dave Brosnan, Horsforth Town Councillor

Simon Ellis, Local Resident

Nigel Gill, Otley Town Councillor

Richard Davies, Otley Town Councillor