Mishcon de Reya's client, Clear the Air in Havering, has been successful in its legal action against Havering Council’s decision not to designate the illegal landfill site at Launders Lane as contaminated land. Clear the Air in Havering brought a judicial review in the High Court where the Court found that Havering Council’s decision not to designate the land as contaminated was unlawful and the decision was quashed.
Since then, Havering Council has said that it has been considering the site and reassessing it. It has now formally designated the land as contaminated. This means that the council has 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 if no agreement can be reached with the landowner as to the necessary steps it needs to take. Most importantly, if the relevant person can't or won't clean up the land, the council can step in and 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.
Emily Nicholson, partner at Mishcon de Reya, commented:
“This is a significant step forward in dealing with the toxic pollution caused by the fires on the site. Local residents have endured yet another further summer of frequent fires and consequent pollution with terrible effects on health, particularly for young children, the elderly and those with respiratory conditions. For the first time, the Council is now under specific legal obligations to take the steps necessary to prevent the fires and clear up the site.”
Ruth Kettle-Frisby, one of the founders of Clear the Air in Havering, said:
“This is a victory for Rainham residents; an important stepping stone towards justice for children living at the sharp end of this health crisis caused by toxic smoke from relentless fires.
“The High Court ruling has forced Havering Council to recognise smoke from the fires as a contamination pathway, and therefore a legal precedent has been set.
“In highly welcome news, having consistently lobbied Havering Council to table a motion in support of Zane's Law, we expect this report to be presented at full council next month.
“Zane's Law would require local authorities and the environment agency to keep public registers of any land that could be contaminated. Crucially, they would be required to ensure these sites are regularly inspected and remediated via government funding that is recouped where possible according to the polluter pays principle.
“Clear the Air in Havering is now focused on lobbying for swift action from Havering Council. It's imperative that Rainham children and the London Fire Brigade are protected from yet another summer of hell.”
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