Update on new night-time flying application by Leeds Bradford Airport

The council received the new Certificate of Lawful Existing Use or Development (CLEUD) application from the airport towards the end of last month.

The application, which has been published in full today on the council’s public access planning system, seeks to establish the lawfulness of take-offs and landings at the airport at night by certain types of aircraft.

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.

The Town and Country Planning Act 1990 gives local planning authorities discretion in certain circumstances to issue a call for evidence from third parties – including members of the public – when dealing with an application for a CLEUD.

And the council, in its capacity as the local planning authority for Leeds, can confirm that it is today undertaking a call for evidence in relation to the new application from the airport.

Third parties now have 21 days to submit relevant factual evidence – such as flight data, flight times, flight frequency and size of aircraft – relating to the specific operations at Leeds Bradford outlined in the application.

Submissions must also relate to the period covered by the airport’s evidence, which is January 1, 2010, through to December 31, 2019.

It is important to note that a call for evidence is different to a ‘public consultation’, with general comments, objections and opinions not being invited as they cannot be taken into account during the determination process.

Decisions on CLEUD applications must instead be made purely on the basis of relevant factual evidence assessed against a legal test.

Councillor Jonathan Pryor, Leeds City Council’s deputy leader and executive member for economy, transport and sustainable development, said:

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

“Today’s call for evidence gives third parties, including members of the public, the opportunity to provide material relevant to the airport’s new CLEUD application.

“It must be stressed, however, that decisions on a CLEUD application cannot take into account evidence or comments which fall outside the determination process’s tightly-defined parameters.

“These parameters are not set by planning authorities such as the council, they are laid down in national law.”

People who believe they have factual evidence relevant to the airport’s application are asked to e-mail the information – including any verifying details – to the council at planning@leeds.gov.uk no later than March 25.

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

The application – which relates to aircraft classed as being less than 87 EPNdB (Effective Perceived Noise Decibel) – can be found on the council’s public access planning system under reference number 26/00926/CLE.

ENDS