Judicial review over 'contaminated' land claim

An east London council's decision not to designate a perennially burning rubbish dump as "contaminated" will undergo a judicial review.

Campaign group Clean Air in Havering pushed for the council to take action over Arnolds Field in Launders Lane arguing that clean air was a "public right".

Residents living nearby fear the acrid smoke from the field, which has caught fire more than 100 times since 2019, has been causing respiratory problems.

A spokesperson for Havering Council said the town hall had received notice of the judicial review but could not comment further.

The High Court granted permission on 21 November for the judicial review, according to the Local Democracy Reporting Service.

The council has until 26 December to resist the claim. The hearing is expected to commence in early 2025.

Dame Justice Beverley Lang said it was a "significant" claim and one that "merited consideration at a full hearing".

If the landfill is legally designated as contaminated, Havering Council and the Environment Agency will have specific legal duties to ensure it is cleaned up.

Ruth Kettle-Frisby, one of three local mothers behind Clean Air in Havering said the review was a "welcome step" in addressing the "appalling situation" in Rainham.

"The council will not be able to ignore this legal challenge and must face up to the reality of this dire public health crisis, honouring their shared responsibilities and obligations where they are due," she said.

"Rainham is one of the most deprived areas of London.

"I believe that clean air should be a human right, not a privilege that is dependent on where you live. The children of Rainham deserve to breathe clean air as much as any other child."

Soil analysis in November 2023 found the land contained asbestos, plastic bags, crisp packets, bricks, cans, polystyrene and asphalt.

In its 20-year history, the land was also used as an illegal weapons store and a cannabis farm.

The London Fire Brigade previously said the repeat fires were "distressing" and put firefighters at "unnecessary risk".

In July this year, Havering decided not to label the landfill as contaminated land.

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