Council’s Decision on ‘Contaminated’ Land to Undergo Judicial Review

A judicial review will examine the decision by an east London council to not classify a constantly burning waste site as “contaminated.” The campaign group Clean Air in Havering advocated for the council to address Arnolds Field on Launders Lane, asserting that clean air constitutes a “public right.” Local residents express concerns that the pungent smoke emanating from the field, which has ignited over 100 times since 2019, is responsible for respiratory issues. A spokesperson for Havering Council stated that the local authority had been informed of the judicial review but was unable to provide additional comments. The High Court granted approval for the judicial review on 21 November, as reported by the Local Democracy Reporting Service. Havering Council has until 26 December to challenge the claim. The proceedings are anticipated to begin in early 2025. Dame Justice Beverley Lang described the claim as “significant” and one that “merited consideration at a full hearing.” Should the landfill officially receive a contaminated designation, Havering Council and the Environment Agency would incur distinct legal responsibilities to oversee its remediation. Ruth Kettle-Frisby, one of three local mothers who founded Clean Air in Havering, stated that the review represents a “welcome step” toward resolving the “appalling situation” in Rainham. She added, “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.” Kettle-Frisby also remarked, “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.” A soil analysis conducted in November 2023 revealed the presence of asbestos, plastic bags, crisp packets, bricks, cans, polystyrene, and asphalt on the land. Over its 20-year history, the site has also served as an illegal weapons storage facility and a cannabis cultivation operation. The London Fire Brigade had previously commented that the recurring fires were “distressing” and exposed firefighters to “unnecessary risk.” Havering Council made the decision in July of this year not to classify the landfill as contaminated land.