Leeds City Council has provided an update on the process it will follow while dealing with a number of recent applications from Leeds Bradford Airport relating to night-time flying.
The council received four new Certificate of Lawful Existing Use or Development (CLEUD) applications from the airport last month.
The applications, which have been published in full on the council’s public access planning system, relate to whether certain aircraft movements are permitted at night at Leeds Bradford. They were submitted at the same time as a request from the airport for four previous CLEUD applications to be withdrawn.
The council say that they can now confirm that, in line with national government legislation and guidance, it is undertaking a call for evidence from third parties in relation to two of the new applications.
This means that the council is seeking 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 two applications.
Submissions must relate to the period covered by the airport’s evidence, which is 1 January 2008, through to 23 December 2019.
The call for evidence relates to the two applications (23/07489/CLE and 23/07490/CLE) for which the airport has submitted flight movement data.
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.
Under regulations laid down by the Town and Country Planning Act 1990, decisions by local planning authorities – such as the council – on CLEUD applications must be made purely on the basis of relevant factual evidence assessed against a legal test.
Councillor Helen Hayden, Leeds City Council’s executive member for sustainable development and infrastructure, said:
The call for evidence means that third parties, including members of the public, have an opportunity to provide relevant evidence on these two applications.
It must be stressed, however, that decisions on the applications 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 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 Friday, 26 January 2024.
As is standard practice, evidence received will be shared with the applicant prior to the assessment and determination of each application by the council.
