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Dismissed8 August 20253354210

Leeds and Bradford Airport , Victoria Avenue, Yeadon , Leeds, LS19 7TU

Planning appeal 3354210 at Leeds and Bradford Airport , Victoria Avenue, Yeadon , Leeds, LS19 7TU (Leeds City Council) was dismissed on 8 August 2025 by Inspector Whitfield J, following an inquiry. The main issue, as the Inspector framed it: The main issue is whether the LPA's deemed refusal of the LDC application was well-founded (Appeal A).

described as: “Confirmation of immunity against enforcement of Conditions 6(a), 6(b) and 6(c) of the Permission in respect of the prohibition of night-time movements of aircraft with a quota count of 0.25, based on ten years of continuous breach

Authority
Leeds City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
other · Major retail and services
Inspector
Whitfield J
Postcode
LS19 7TU

Main issues, as the Inspector framed them

  • The main issue is whether the LPA's deemed refusal of the LDC application was well-founded (Appeal A)
  • The main issue is whether the LPA's deemed refusal of the LDC application was well-founded (Appeal B)
  • The main issue is whether the LPA's deemed refusal of the LDC application was well-founded (Appeal C)

What decided it

The correct legal interpretation of Conditions 6 and 9 of the 2007 permission, and whether the alleged breaches had continued without interruption for a full ten years, determined the outcome of each appeal.

What the Inspector cited

Judgments
Trump International Golf Club Scotland Ltd v Scottish Ministers [2015] UKSC 74; Fawcett Properties Ltd v Buckingham County Council [1961] AC 636; Lambeth LBC v SSCLG & Aberdeen Asset Management, Nottinghamshire CC & HHGL Ltd [2017] EWHC 2412 (Admin), [2018] EWCA Civ 844, [2019] UKSC 33; [2020] JPL31; Attorney General of Belize v Belize Telecom Ltd [2009] 1 WLR 1988; Opua Ferries Ltd v Fullers Bay of Islands Ltd [2003] UKPC 19; DB Symmetry Ltd v Swindon BC & SSHCLG [2020] EWHC 292 (Admin); UBB Waste Essex Ltd v Essex County Council [2019] EWHC 1924 (Admin); R v Ashford Borough Council ex p Shepway District Council [1999] PLCR 12; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Swale BC v FSS & Lee [2005] EWCA Civ 1568; North Devon DC v FSS & Stokes [2004] JPL 1396; Nicholson v Secretary of State for the Environment and Malvern District Council [1998] JPL 553; R (oao Ocado) v Islington LBC [2021] EWHC 1509 (Admin); Ellis v SSCLG [2009] EWHC 634 (Admin); Westminster CC v SSCLG [2013] EWHC 23 (Admin); Basingstoke and Deane BC v SSCLG & Stockdale [2009] EWHC 1012 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.