®Planning appeal decision
Leeds and Bradford Airport , Victoria Avenue, Yeadon , Leeds, LS19 7TU
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
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.
Judgments cited: 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)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.