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High Court allows judicial review challenging Havering Council’s assessment of contaminated land in Rainham to proceed

Posted on 28 November 2024

The High Court of Justice in London, on Thursday 21 November, has granted permission for a judicial review of Havering Council’s decision not to designate an illegal landfill site at Launders Lane in Rainham as contaminated land.  

Ruth Kettle-Frisby, a Havering resident and co-founder of Clear the Air in Havering, a local environmental group founded by three local mums, brought the legal claim challenging Havering Council’s lack of action over an illegal landfill site at Launders Lane in Rainham, which is affecting air quality and residents’ lives. Leading law firm Mishcon de Reya is representing her. 

Mrs Justice Lang DBE, sitting in the Planning Court observed that "the Claimant has raised arguable grounds which merit consideration at a full hearing" and that "the Claim has been categorised as significant". A "significant" claim is one which the Court believes may generate significant public interest, raise important points of law and/or due to the complexity of the matter, requires the attention of an experienced specialist judge. Significant claims also proceed to a hearing more quickly than other claims.  

The Council have until 26 December 2024 to file detailed grounds resisting the claim. The hearing will be public and is expected to be in early 2025. 

Constantly smouldering underground fires coming from the illegal landfill at Launders Lane in Rainham cause air pollution all year round. During the summer the site regularly catches fire presenting significant unquantified health and safety risks to firefighters who are unable to access the fires and to residents, workers and visitors. Residents say that local GPs attribute the high levels of respiratory and lung diseases in the area to the site, and there are also concerns about surface water runoff from it.  

The case has already received extensive publicity this year, including in The Independent, BBC News and The Daily Mail.  

There are two schools close to the site, both of which have been affected by smoke coming from it, and residents often have to stay indoors with the windows closed to try and protect themselves. The site is also classified as one of the highest-emitting methane sites in the UK.  

Havering Council decided in July 2024 not to designate the landfill as contaminated land. When councils make these decisions, they are obliged by law to take certain factors into account, including whether the site causes or is likely to cause significant harm to health. 

The claim has received support from Law for Change, a fund focused on access to justice for impact cases and Ruth and Clear the Air in Havering have also raised funds via a CrowdJustice campaign to begin the judicial review of the council's decision. 

If the landfill is legally designated to be contaminated land, then the council will have specific legal duties to ensure the site is cleaned up. They will be required to serve a notice on the person responsible requiring them to remediate the land. Most importantly, if the relevant person can't or won't clean up the land, the council can clean up the land themselves, and recoup as much of its costs as it can afterwards. It can also prosecute or commence civil proceedings against the person responsible – including holding company directors personally liable. 

Ruth Kettle-Frisby commented: 

"The High Court’s granting of permission for the judicial review is a welcome step in addressing the appalling situation at Landers Lane 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."

If this claim is successful, the council will have to remake their decision on whether the land is contaminated or not based on a thorough and comprehensive assessment of the evidence and risks presented by the toxic air pollution from the fires on the health and safety of local residents, including vulnerable children, based on correct data."  

Rainham is one of the most deprived areas of London and is a dumping ground for developments such as quarries that directly and indirectly pollute the air. 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." 

Emily Nicholson, Partner which is working with Clear The Air In Havering in their legal action, said: 

We are very pleased that the High Court has granted permission for this judicial review to proceed and that the Court has recognised how important this matter is, both for the residents of Rainham, and more widely. The grounds of challenge raise important points of law on how public authorities approach decision making in relation to environmental and public health issues, especially around air pollution and contaminated land, and we welcome the opportunity to address the Court on these issues.

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