A leading climate activist has written to the head of Leeds Bradford Airport (LBA) over fears it’s trying to ditch its night flight limit.
We further note that the developer has failed to apply to vary the relevant planning conditions but rather sought to do so in effect, but via a different route, namely a certificate of lawful use. We are concerned that this route seeks to circumvent important procedural safeguards in planning law and query its legality. Please can you confirm that this is not the case?
We believe that any proposed changes should have been subjected to an environmental impact assessment since the changes are, in effect, an extension of the development . There are reasonable grounds to believe that the changes to night flights may have significant environmental impacts thereby significantly increasing greenhouse gas emissions .
You will be familiar with the judgment in Hatton and Others v. the United Kingdom. The ECtHR made clear that night flights engaged Article 8 ECHR and relied heavily on the robustness of the decision-making process to reach the conclusion that it did. We struggle to see that robustness is replicated here either in terms of evidence base or public participation such as it is in relation to the application for the certificate.
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