Around 70 firefighters tackled a fire at Arnolds Field in 2020. Image: London Fire Brigade
(Written by Local Democracy Reporter, Sebastian Mann)
Clean Air in Havering, a local campaign group, has pushed for the council to take action over Arnolds Field in Launders Lane, arguing clean air is 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.
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.
The High Court of London granted permission for the judicial review on Thursday, 21st November.
Dame Justice Beverley Lang, sitting in the planning court, said it was a “significant” claim and one that “merited consideration at a full hearing”.
A spokesperson for Havering Council said the town hall had received notice of the judicial review but could not comment further.
Ruth Kettle-Frisby, one of three local mums behind the campaign, said the review was a “welcome step” in addressing the “appalling situation” in Rainham.
She said: “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 added: ““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.”
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 has also been used as an illegal weapons store and a cannabis farm.
In July this year, Havering decided not to label 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.
Emily Nicholson, a partner in the law firm Mishcon de Reya, which has worked with the campaigners on their legal challenge, added: “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.”
The London Fire Brigade has previously said the fires were “distressing” and put firefighters at “unnecessary risk”.
The council has until 26th December to resist the claim. The hearing is expected to commence in early 2025.
