Night-time flying.
A little while ago, GALBA release some figures regarding LBA exceeding its night-time quota for the summer period, their release can be found at https://www.galba.uk/debunking-the-myth-that-leeds-bradford-airport-do-not-need-to-count-delayed-flights-towards-the and also at https://www.galba.uk/unlimited-night-flights-detail
Correspondence to Leeds City Council, December 6th, 2022 (synopsis).
Case Outline.
The NOATM document, available from the CAA, is the definitive document for quota-count levels for all aircarft originally developed for London Airports, Heathrow, Gatwick, Stanstead, but applies to all other UK airports.
The conditions to which LBA refer are given in Leeds City Council’s decision notice, dated May 21st, 2020, available on the Leeds City Council planning portal. Looking at the decision notice issued by Leeds City Council: Let’s start by looking at Condition 1:
CONDITION ONE
This planning permission relates to the relaxation of operating hours at Leeds-Bradford Airport, (the airport), and the controls and limitations to be applied to night-time operations. For the purpose of this planning permission:- a. The Summer Season is defined as the period of British Summer Time in any one year as fixed by or under the Summer Time Act.* b. The Winter Season is defined as the end of British Summer Time in one year and the start of British Summer Time in the next.
British Summer Time, on which condition 1 is based is defined at https://www.gov.uk/when-do-the-clocks-change. Here’s the summary:
Year | Clocks go forward | Clocks go back |
2022 | 27 March | 30 October |
2023 | 26 March | 29 October |
2024 | 31 March | 27 October |
2025 | 30 March | 26 October |
LBA, however, class April as Winter for the purpose of night-time flights, and this misinterpretation of Condition 1 allows an extra 300 flights in the summer. Condition 1, could not be clearer. Is this a deliberate mistake, or do LBA not understand condition 1?
Let us assume that LBA plead ignorance in the matter, then how can they in same breath concoct a complicated and convoluted logic that allows them to fly unlimited flights at night via the other conditions? If they have made such a detailed analysis of condition 4, 5, 6, 7 and 9, then how did they not notice condition 1?
Delayed filghts and night-time air traffic movements.
LBA do not include delayed flights; those scheduled to arrive on or before 23:00, which arrive before 01:00 in night-time figures. Again, there’s a misinterpretation of the conditions4, 5, 6, 7 & 9 set by Leeds City Council which read:
CONDITION FOUR
No departures in the night-time period shall take place by aircraft with quota counts of 1, 2, 4, 8 and 16 on take-off.
CONDITION FIVE
No landings in the night-time period shall take place by aircraft with quota counts of 2, 4, 8 and 16 on landing.
CONDITION SIX
During the night-time period, (2300-0700), no aircraft movements shall take place other than by:- a. Landings by aircraft classified as falling within Quota Count 0.5 and 1 for arrivals as defined in UK NOTAM S45/1993 issued by the Civil Aviation Authority and any succeeding regulations or amendments/additions/deletions. b. Departures by aircraft classified as falling within Quota Count 0.5 for departures as defined in UK NOTAM S45/1993 issued by the Civil Aviation Authority and any succeeding regulations or amendments/additions/deletions. c. Aircraft which are approved by the Local Planning Authority and have, taking account of maximum take-off weights and stage lengths, an EPNdB value of not greater than 90 on departure. d. Aircraft approved by the Local Planning Authority and which, by the demonstration of performance data collected at Leeds-Bradford Airport, have, taking account of maximum take-off weights and stage lengths, a 90dB(A) SEL noise contour on departure the same or smaller than, the 90dB(A) SEL noise contour for a Boeing 737-300/757 as shown on plan 6. e. Exempt aircraft defined by UK NOTAM S45.
CONDITION NINE
Movements in the night-time period by aircraft defined by conditions 4 and 5 will only be permissible in the following circumstances:- a. Delayed landings up to 0100 hours by aircraft scheduled to land at Leeds-Bradford Airport (LBA) between 0700 hours and 2300 hours. b. An emergency, i.e. a flight where there is an immediate danger to life or health, whether human or animal. Aircraft movements in these categories are exempt from night-time restrictions and will not count against the night-time period limits specified in condition 7.
CONDITION 15
Reason for condition 1:- To define the permission in the interests of clarity. Reason for conditions 2, 4, 5, 6, 7, 8, 9, 10 and 11:- To minimise the potential for increased noise disturbance to residents in the vicinity of the airport. Reason for condition 3: To minimise the potential for increased noise disturbance to residents in the vicinity of the airport and in the interests of amenity. Reason for conditions 12 and 14: To assist the Local Planning Authority in ensuring compliance with agreed operating procedures in the interests of the amenity of residents in the vicinity of the airport. Reason for condition 13: In the interests of the amenity of residents in the vicinity of the airport. Reason for condition 15: In the interests of the free and safe use of the highway.
Permission granted to original site plan, drawing no. LBA/1/1C/R, and to Plan 6, CAA – Gatwick Model 90dB(A) SEL contour for a B737-300/757.
Condition 9 deals with delayed flights that were scheduled earlier in the day. It does not at any point refer to NOTAM or condition 6 or any other definition of what a scheduled flight is at the London airports.
Reading the last condition (The last 3 paragraphs in the actual decision document, condition 15) it states why the conditions were set:
‘To minimise the potential for increased noise disturbance to residents in the vicinity of the airport.’
In any dispute over the interpretation of conditions, case law states that consideration must be given to the intention of the conditions. I believe that’s why that clause is included. So, for LBA to unilaterally declare that they have reinterpreted the conditions 30 years later, to allow unlimited planes at night, clearly contradicts the intention when they were set out.
Delayed flights.
In any case, allowing for all delayed flights, they only accounts for 160 of the 600 additional night flights LBA flew this summer above the 2,800 limit. So at least 440 additional night flights have exceeded the night-time quota. Limits are set in condition 7, which reads:
CONDITION SEVEN
Subject to 7 (c) to (f) and 8 below, the maximum number of aircraft movements in the night-time period by aircraft specified in condition 6 (a) to (d) shall be limited to and not exceed:-
a. 1,400 in Summer seasons.
b. 600 In Winter seasons.
c. Subject to the approval of the Local Planning Authority in writing, 900 for each Winter season with effect from and including 1996/7.
d. Subject to the approval of the Local Planning Authority in writing, 2,100 for each Summer season with effect from and including 1997.
e. Subject to the approval of the Local Planning Authority in writing, 1,200 for each Winter season with effect from and including 2001/2.
f. Subject to the approval of the Local Planning Authority in writing, 2,800 for each Summer season with effect from and including 2002.
The outcome, a breach of planning conditions at LBA.
Leeds City Council have today (Tuesday June 6th) served a Breach of Planning Condition notice on the airport in relation to exceeding the permitted number of night aircraft movements during the Summer 2022 period.
While this is a breach of the conditions of our 1994 planning approval and not a breach of a law or regulation, we as an airport have not lived up to our obligations and commitments.
While there are a number of reasons why this happened, the core underlying reason is that we, as the airport, did not have sufficient and effective controls in place to ensure that we complied with our obligation to limit the number of night aircraft movements.
On becoming aware of the issue in November, our team worked quickly and diligently to investigate and to remedy the shortfalls to provide a robust set of controls so that this error could not happen again.
LBA accepts that the number of night aircraft movements in Summer 22 exceeded the permitted number. We take responsibility for our error and apologise to anyone impacted as a result.
The planning conditions are complicated by the fact that they are almost 30 years old. There are still areas of disagreement between LBA and LCC on how to apply the conditions that will take further work over the coming months for us to try to resolve.
