Airport seeks legal clarification on night flying

[White Heather]

LBA should never have had it's night restrictions based on the likes of LHR. LHR has a totally different type of operation to LBA with few, if any, low cost airlines. LBA is mainly low cost/package tour and it is those airlines that seek to maximise aircraft use resulting in frequent night flights in summer . Restrictions at LBA can therefore seriously affect it's future passenger figures whereas LHR manages just fine with fairly strict restrictions.

 

[lbaspotter]

LBA Summer night slot rules (Level 3) have been fully published by ACL & are now in use.

LOCAL RULE 1

LEEDS BRADFORD NIGHT MOVEMENT AND QUOTA ALLOCATION PROCEDURES

1. INTRODUCTION

This document sets out the procedures for allocating and managing the use of Night

Movement Quota in accordance with the Night Flying Restrictions applicable at Leeds Bradford Airport.

All Flights operating at Leeds Bradford Airport require a slot (within Level 3 period 2300-0759 Local time) and those in the Night Planning Period need an associated night movement to be allocated. Those aircraft that are not exempt from the quota system must also have quota allocated to the slot.

The allocation of Night Movement Quota is supplementary to the slot allocation rules set out in the UK Slot Regulation.

2. OBJECTIVES

• To manage night flying within LBAL declared seasonal Night Movement Quota limits
• To make effective use of the Night Movement Quota limits
• Maximise the utilisation of Night Movement Quota
• To accurately forecast and control Night Movement Quota use
• To ensure the method of allocating Night Movement Quota is transparent and fair
• To respect the historic rights of night flights from the previous equivalent season
• To protect scheduled series operations of Air Carriers based at LBA
• To provide contingency Night Movement Quota for off slot operations beyond Air Carriers’ control
• To provide for new Air Carriers, adhoc or additional operations where Night Movement Quota permits

3. DEFINITIONS

In these procedures the following words shall have the following meanings:

ACL:
Airport Coordination Ltd, the coordinator of Leeds Bradford
Airport

Air Carrier
An air carrier, airline or operator

HBD:
Historic Baseline Date, the reference date used for the application of the utilisation threshold (80/20 or other rate as stipulated in the Slot Regulation at the time of application). 31 January for the following Summer season and 31 August for following Winter season.

LBAL:
Leeds Bradford Airport Limited, the managing body of Leeds
Bradford Airport

Night Planning Period:
Departures 2300 – 0645 local time (inclusive)
Arrivals 2300 – 0655 local time (inclusive)

Night Movement Quota:
The combination of the night movements and QC points available or allocated

Night Movement Quota Period:
2300 – 0659 local time.

Night Slot:
A slot during the Night Planning Period

Pool:
An amount of Night Movement Quota retained as a contingency for unplanned use by scheduled carriers, adhoc
flights and Air Carriers without an allocation of Night Movement Quota, as determined by ACL

QC:
Quota Count, a points rating assigned to the arrival or departure of an aircraft type based on its noise certification as defined by the UK CAA and published in the AIP Supplement.

Slot:
Shall have the same meaning as in the UK Slot Regulation

Summer Season
IATA Summer Scheduling Season.

UK Slot Regulation:
Airports Slot Allocation (Amendment) (EU Exit) Regulations 2021 of December 2021 amending Council Regulation (EEC) No 95/93 on common rules for the allocation of slots at United Kingdom airports as amended including by EU Regulation 2020/459 of 30 March 2020 and by Commission Delegated Regulation 2020/1477 of 14 October 2020

Winter Season
IATA Winter Scheduling Season.

4. ALLOCATION OF NIGHT MOVEMENT QUOTA

4.1
Night Movement Quota limits are determined by LBAL in its capacity declaration. LBAL is responsible for managing and monitoring the use of the Night Movement Quota, including approval of unplanned takeoffs or landings during the Night Movement Quota Period. ACL is responsible for allocating the Night Movement Quota for planned operations.

4.2
ACL is responsible for determining and promulgating Night Movement Quota allocations to Air Carriers.

4.3
The Night Movement Quota Period is based on runway take off and landing times. Slots are allocated based on on/off stand times. The allocation of Night Slots in the Night Planning Period is subject to the availability of Night Movement Quota.

4.4
All Night Movement Quota applications should be addressed to ACL during office hours. Outside ACL’s normal working hours, in cases of extreme urgency, Air Carriers must contact the LBAL Airfield Operations Team.

4.5
Air Carriers are expected to make all reasonable efforts to prevent flights scheduled outside of the Night Planning Period from operating within the Night Movement Quota Period. LBAL provide ACL with data to monitor Air Carriers’ performance against planned performance. ACL will review the Air Carriers’ performance and may take action including the withdrawal of historic rights in line with Article 14 (4) of the UK Slot Regulation.

5. ENTITLEMENT TO NIGHT MOVEMENT QUOTA

5.1
An Air Carrier that was allocated a series of Night Slots from the historic allocation (not from the Pool) shall be entitled to retain the associated Night Movement Quota in the next equivalent season, subject to the provisions of paragraph 7.3

6. NIGHT MOVEMENT QUOTA POOL

6.1
If unused, up to 10% of Winter Season Night Movement Quota can be carried to the following Summer Season which can be used to create a pool for adhoc allocation and over use by flights planned outside of the Night Movement Quota Period.

6.2
LBAL will declare a pool for adhoc Night Slots for Air Carriers without quota or adhoc Night Slots not linked to historic Night Movement Quotas.

6.3
Night Slots will not be allocated until after 31 January HBD and consideration will be given that the Pool can be used throughout the applicable Season.

6.4
LBAL may declare an additional allocation within the 10% of Winter Season Night Movement Quota for use by series and adhoc flights which will be allocated on an adhoc basis and would be dependant on actual use during the applicable Season.

6.5
The size of the Pool may increase or decrease during the applicable Season dependant on actual usage of the Night Movement Quota Period.

7. USE OF NIGHT MOVEMENT QUOTA

7.1
Air Carriers are expected to make all reasonable efforts to prevent flights scheduled outside of the Night Planning Period from operating within the Night Movement Quota Period. All Night Movement Quota used by Air Carriers with an allocation shall count against their allocation. Use of Night Movement Quota by Air Carriers without an allocation is subject to the prior approval of LBAL and shall count against the Pool. Where sufficient Night Quota exists in the pool, scheduled carriers may be allocated additional Night Quota to cover off schedule operations.

7.2
a) An Air Carrier may transfer Night Movement Quota from one route or type of service to another;
b) Where Air Carriers exchange Night Slots for slots outside of the Night Planning Period,the associated Night Movement Quota allocation transfers to the Air Carrier holding the Night Slots after the exchange;
c) Where Night Slots are transferred between Air Carriers in accordance with the Slot Regulation, the associated Night Movement Quota allocation transfers to the Air Carrier holding the Night Slots after the transfer. All transfers and exchanges are subject to confirmation by ACL in accordance with Article 8a (2) of the Slot Regulation.

7.3
If 80% usage of a series of Night Slots cannot be demonstrated and the series of Night Slots is placed in the slot Pool in accordance with Article 10(2) of the Slot Regulation, then the associated Night Movement Quota is also placed in the quota Pool. Air Carriers who expect to fall below 80% due to unforeseeable circumstance as detailed in Article 10(4) of the Slot Regulation should agree this with ACL in order to protect their historic quota rights.

7.4
Air Carriers are requested to limit use of adhoc Night Movement Quota for positioning flights to an absolute minimum wherever possible, re-scheduling such movements outside the Night Movement Quota Period. Positioning flights will not be allocated to new series – they will only be made available via the Pool.

7.5
Requests for changes to historic night flights (e.g. time changes and aircraft type changes) will only be approved where a sufficient Night Movement Quota allocation is available to meet the required Night Movement Quota.

7.6
All night movements of Air Carriers with allocation of Night Movement Quota will count against an Air Carrier’s allocation of Night Movement Quota. Night movements of Air Carriers without an allocation of Night Movement Quota will count against the Pool.

7.7
Aircraft with QC rating of 0.25 are exempt from counting towards Night Movement Quota.

7.8
Arrivals QC2 and above and Departures QC1 and above are not permitted to operate at Leeds Bradford Airport without prior permission from LBAL.

8. REALLOCATION OF NIGHT MOVEMENT QUOTA

8.1
In mid-February for a Summer Season, and mid-September for a Winter Season, ACL will establish the planned demand for Night Movement Quota for the forthcoming season following any reallocation after the HBD.

8.2
ACL has the right to examine all Air Carrier’s planned requirements and usage of Night Movement Quota and, if necessary, require the Air Carrier(s) to return Night Movement Quota in excess of their total planned requirement to the Pool. This shall not affect historic allocations.

8.3
ACL will undertake reviews of the Night Movement Quota allocation and use at regular intervals.

9. EXHAUSTION OF NIGHT MOVEMENT QUOTA

10.1
Air Carriers with an allocation of Night Movement Quota must manage their operations within this allocation. If excess use is predicted, then the Air Carrier must either secure a supplementary allocation of Night Movement Quota from the Pool or, if that is not possible, ACL will request the voluntary return of Night Movement Quota from Air Carriers with an allocation. Should this not be sufficient to satisfy the requirements of the Pool, Air Carriers that hold allocations greater than their planned operation will be required to return the difference.

10.2
If at any time Leeds Bradford Airport as a whole is predicted to exceed the amount of Night Movement Quota available for the applicable Season, then appropriate corrective actions shall be taken by LBAL and ACL, such as:

⎯ The allocation of new Night Slots, including ad hoc slots, may be suspended;

⎯ The approval of unplanned use of Night Movement Quota from the Pool may be rationed or suspended;

⎯ Air Carriers holding more Night Movement Quota than required for their planned operations may be required to return the excess Night Movement Quota;

⎯ Air Carriers without an allocation of Night Movement Quota that have used a significant amount from the Pool may be prohibited from further use of Night Movement Quota;

⎯ Air Carriers that have exhausted their allocation of Night Movement Quota may be prohibited from further use of Night Movement Quota.

10.3
The corrective actions applied will be proportionate to the circumstances and will be lifted once use of Night Movement Quota is predicted to be within limits.

10.4
Issues regarding the allocation and use of Night Movement Quota and the application of these procedures may be discussed at meetings of the Leeds Bradford Coordination Committee.

10. REVIEW OF PROCEDURES

11.1
These procedures shall be reviewed, and amended where necessary, after 12 months

 

[LBAYORKIE]

LBA Summer night slot rules (Level 3) have been fully published by ACL & are now in use.

Two things stand out on a very quick read-through:

Summer Season
IATA Summer Scheduling Season.


7.7
Aircraft with QC rating of 0.25 are exempt from counting towards Night Movement Quota.

 

[LBA4EVER]

Two things stand out on a very quick read-through:

Summer Season
IATA Summer Scheduling Season.


7.7
Aircraft with QC rating of 0.25 are exempt from counting towards Night Movement Quota.

So what types of aircraft are QC 0.25? Max, neos?

 

[White Heather]

So what types of aircraft are QC 0.25? Max, neos?

Yes

 

[dmrodgers]

Yes

So do we take it from that WH that Max and Neo aircraft can come and go throughout the night without any quota restrictions. If that is the case then this is a good win for the airport.

 

[White Heather]

So do we take it from that WH that Max and Neo aircraft can come and go throughout the night without any quota restrictions. If that is the case then this is a good win for the airport.

Well, according to this yes, but I'm not sure if this is written as interpreted by LBA. Up until now, Leeds City Council have had opposing views.

 

[SierraHotel]

Interpretation shouldn't be involved. Surely, facts are facts?!!

 

[HX3]

I assume 7.6 applies to anything where 7.7 does not apply? And if so, then it is specific that 0.25 aircraft do not count, and LCC will therefore find it difficult to argue to the contrary.

 

[White Heather]

I assume 7.6 applies to anything where 7.7 does not apply? And if so, then it is specific that 0.25 aircraft do not count, and LCC will therefore find it difficult to argue to the contrary.

The Council are only interested in the wording of the 1994 planning consent and what it says. I've read it and the clear reference to future NOTAMs which say which aircraft are counted and which are not (at London Airports) is obviously intended to allow for adjustment as new technology is introduced, but despite the London Airports moving with the times, Leeds Council are sticking to the 1994 rules so far. Based on their interpretation LBA will be operating to the same restrictions in another 30 years unless LBA submit a planning application which then enables the Council to impose new restrictions such as a passenger cap in return for approval, not to mention the usual Section 106 requirements.

LBA remain adamant their interpretation is correct and this document reflects that belief, which may yet be determined in court.

Interpretation shouldn't be involved. Surely, facts are facts?!!

As posted above! My belief is that the Council will interpret to suit their political intentions even if the evidence (ie the wording) suggests they are wrong.

 

[LBAYORKIE]

The Council are only interested in the wording of the 1994 planning consent and what it says. I've read it and the clear reference to future NOTAMs which say which aircraft are counted and which are not (at London Airports) is obviously intended to allow for adjustment as new technology is introduced, but despite the London Airports moving with the times, Leeds Council are sticking to the 1994 rules so far. Based on their interpretation LBA will be operating to the same restrictions in another 30 years unless LBA submit a planning application which then enables the Council to impose new restrictions such as a passenger cap in return for approval, not to mention the usual Section 106 requirements.

LBA remain adamant their interpretation is correct and this document reflects that belief, which may yet be determined in court.



As posted above! My belief is that the Council will interpret to suit their political intentions even if the evidence (ie the wording) suggests they are wrong.

I know the airport are sticking to their guns on the 0.25 issue but I thought the definition of the start of summer had been resolved in the councils favour.

 

[Len Fish]

So at the end of the next quota counting period no doubt the Council will claim once again it’s been exceeded whilst the airport will claim it hasn’t but the Council will not fine LBA as it’s not in the public interest financially to do so. Surely though it can’t go on like this. Unless one side concedes this mess will undoubtedly end up in Court to decide the legality of both side’s claims.

 

[White Heather]

So at the end of the next quota counting period no doubt the Council will claim once again it’s been exceeded whilst the airport will claim it hasn’t but the Council will not fine LBA as it’s not in the public interest financially to do so. Surely though it can’t go on like this. Unless one side concedes this mess will undoubtedly end up in Court to decide the legality of both side’s claims.

Exactly! We will of course see before that if the Council are sure enough themselves to go to court. My view is they aren't taking LBA to court because they aren't convinced they have a watertight case. Taking action might start a process off that they'd rather not take part in.

 

[Statto]

I know the airport are sticking to their guns on the 0.25 issue but I thought the definition of the start of summer had been resolved in the councils favour.

The original planning condition said summer was defined as the IATA scheduling period. For a long while it seems the airpot and the council were using 1st May as the start of summer instead, but the recent slot coordination document refers to the IATA period

Exactly! We will of course see before that if the Council are sure enough themselves to go to court. My view is they aren't taking LBA to court because they aren't convinced they have a watertight case. Taking action might start a process off that they'd rather not take part in.

There‘s also the 2 remaining CLUEDs to resolve. I thought one of those was about aircraft rated 0.25.

 

[White Heather]

The original planning condition said summer was defined as the IATA scheduling period. For a long while it seems the airpot and the council were using 1st May as the start of summer instead, but the recent slot coordination document refers to the IATA period


There‘s also the 2 remaining CLUEDs to resolve. I thought one of those was about aircraft rated 0.25.

I may be wrong but I thought that one of those outstanding is relating to the ability of the council to enforce the planning restrictions relating to aircraft type on the grounds that QC0.5 aircraft have been landing here since forever out of hours without the council enforcing the regs, and therefore they cannot now be enforced under planning law. I'm not sure of the position re QC 0.25 aircraft which obviously are much quieter, but I'm pretty sure the council are claiming they still count towards the quota and LBA say they don't due to the previously mentioned reference to future NOTAMs which is highlighted within the CLEUD covering documents.

 

[Yorkieflyer]

Any News?

 

[White Heather]

Any News?

Erm, nope!

 

[LBAYORKIE]

Any News?

I think it going to be many months, if not years before this process is concluded

 

[Seasider]

LCC said the response would be July (which year?). Looking at the movements, there are approx 20 flights each day between 11pm and 7am so the airport can't be worried too much about exceeding the limit.

 

[Aviador]

Let's face it. The council have already stated they don't wish to persue any type of court proceedings as they say it isn't in the council or the public interest. I think there's your answer.