Planning Enforcement Case Statement: Leeds Bradford Airport

Leeds Bradford Airport have been found in breach of the planning condition that restricts night-time movements, exceeding the number of permitted night-time movements by 25% during the 2022 summer season.

The council received a complaint in October 2022 which was investigated in accordance with the established processes and protocols, set out in the council’s local enforcement Plan.  As part of this investigation, compliance against all the planning conditions was assessed. The investigation received full co-operation from Leeds Bradford Airport.

Following a robust analysis of the data, the investigation concluded that during the 2022 summer season there were 3667 night-time movements, exceeding the cap imposed by 747.

A breach of condition notice has therefore been served by the council which Leeds Bradford Airport has accepted. As part of this notice the airport have accepted the requirement to adhere to the limits set out in their 2007 planning consent.

A revised monitoring framework has been put in place by the airport, to be reviewed by the Leeds City Council on a monthly basis, to ensure continued compliance with all of the planning conditions.

The local planning authority must work within the framework and constraints of the planning regulations, however, failure to comply with a breach of condition notice is a criminal offence that is liable to prosecution through the courts. If Leeds Bradford Airport fails to adhere to the limits set out in the 2007 planning consent there are other subsequent measures and steps that the council can take, such as an enforcement notice to ensure compliance.

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

“Leeds City Council understands the public concerns which have been raised regarding night-time flight movements and have investigated this matter thoroughly, in accordance with our established procedures. 

“This has concluded that a breach has occurred, leading to a formal notice being served on Leeds Bradford Airport, which they have accepted.  The airport has since put in place measures to prevent future instances, which will be subject to regular monitoring to ensure continued compliance to planning conditions.

“We will continue to monitor the situation and if required the council has many further options it can pursue including, but not limited to, an Enforcement Notice. It is also important to note that a Breach of Condition Notice offers the most expedient response to resolve this issue for the people of Leeds, with no right of appeal from Leeds Bradford Airport.

“If the Breach of Condition Notice is not complied with this can escalate into summary prosecution that can be brought in the Magistrates’ Court for the offence of contravening a breach of condition notice.”

ENDS