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Today, Inspector J Whitfield has handed down his decision in 3 CLEUD appeals relating to night flights at Leeds Bradford Airport. The Airport operates pursuant to a planning permission, which contains conditions restricting night flights to certain aircraft. In one of the Appeals, the Airport Operator claimed that it had been operating night flights unlawfully for over 10 years in breach of that condition. The LPA argued that the breach was not continuing, as a breach had not taken place on every occasion that the condition could have been breached, and there were several periods of 15, 30 and 45 days where there were no breaches of the condition at all. The Inspector accepted the LPA’s argument, indicating that the long periods of compliance were sufficient to break the continuity of unlawfulness and start time running afresh. He also a rejected an argument that, simply because future flights were scheduled, that indicate the breach was continuing.
Reuben Taylor KC and Nick Grant appeared for the LPA, instructed by Nicole Walker at Leeds City Council. James Maurici KC advised at earlier stages of proceedings.
