Havering (Parliament Politics Magazine) – Havering faces High Court action over alleged failure contamination at Arnold’s Field, despite health concerns, in judicial review brought by Clear The Air.
Following legal action by the local resident organization Clear The Air In Havering, the High Court heard a judicial review yesterday, March 19, over Havering Council‘s decision to not classify the Arnold’s Field waste site as “contaminated land.”
The council’s conclusion that the Rainham property, which has seen more than 100 fires in the previous five years, does not fit the legislative requirements for contaminated land status is the main focus of the legal challenge, which was started in September 2024.
The locals, who are being represented by the law firm Mishcon de Reya, have contended that the site’s numerous pollutants and ongoing fires clearly have a negative impact on the environment and human health.
Through a legal review initiated by Clear the Air Havering, the High Court is examining the council’s decision. Given the obvious health and environmental hazards, the issue centers on whether the council’s decision to not designate the location as polluted land was legal.
While expressing concern for the locals’ worries, Havering Council notes that the location is privately owned, which restricts their ability to take action. To address the problem, they have appealed to higher authorities for assistance.
Legally, a “contaminated land” designation would require the Environment Agency and the council to take certain steps to guarantee that the site is cleaned up, either by the council itself with compensation or by the landowner, DMC (Essex) Ltd.
Emily Nicholson, a partner at Mischon de Reya, spoke about the case, saying:
“We welcome the opportunity to address the Court on these issues.
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.”
Originally a gravel pit, the location has been the scene of widespread unlawful dumping; estimates place the amount of uncontrolled trash dumped there more than 10 years ago at between 30,000 and 40,000 cubic meters.
The location started to experience frequent fires, with a discernible uptick in 2013. Since 2010, the London Fire Brigade has made over 224 site visits, responding to the location with worrying regularity.
Local communities are immediately exposed to the harmful toxins released into the atmosphere by these fires, raising serious concerns among the public about the potential short- and long-term health effects.
Concerning quantities of pollutants have been found at the side by environmental investigations. Lead levels in soil samples taken in December 2023 in the northern portion of the site reached 4400 mg/kg, which is much higher than the public open space screen requirements.
Materials found on the surface and in shallow soils were found to contain asbestos. Elevated quantities of organic compounds, arsenic, mercury, and non-metals like boron and chloride were also found in water and leachate samples.
Dangerous amounts of ground gases are also produced at the site; in certain places, carbon dioxide levels have reached 30.2%, while methane levels have been measured as high as 33.4%.
The Havering Council points out that if the land is developed for residential or commercial purposes in the future, this could have an impact on everyone who uses it.
The Havering Council has responded to the ongoing problems at Arnold’s Field by taking action. These include publishing reports on air quality, arranging public meetings, forming a technical group to direct the process of evaluating health risks, and conducting studies to evaluate possible health hazards.
The landowner, DMC (Essex) Ltd., who purchased the property in 2017, received a community protection warning and a statutory nuisance abatement notice from the council.
The council has, however, come under heavy fire for failing to properly declare the location to be “contaminated land.” Mischon de Reya claims that the council likewise retracted the landowner’s warning and instead accepted verbal promises.
The Havering Council’s leader, councillor Ray Morgon, warned in a statement issued on March 14 that the council will re-reserve the notice if the abatement measures are not completed by the end of April 2025.
“This administration has taken more action on Launders Lane since it took over the Council than the previous administration did in ten years,” Morgon added in support of the council’s activities. Our choices are limited, though, because this is not Council-owned land, as we have repeatedly explained.
Morgon emphasised that the council is “now at a point where we have done all we can and are calling on urgent support from the Mayor of London, GLA and the government to intervene to resolve this crisis and put a stop to the fires once and for all.”
The council has indicated a willingness to work with the landowner on planning applications for measures including capping the waste and erecting perimeter fence to improve safety and stop unauthorized access, notwithstanding the ongoing legal dispute.
What was the reason for the legal action on Havering council?
Between 30,000 and 40,000 cubic meters of unregulated trash are thought to have been dumped at Arnold’s Field in Rainham throughout the years due to numerous fires and illegal dumping.
Since 2019, the location has seen more than 100 fires, which have sent harmful gases into the atmosphere.
High concentrations of pollutants, such as lead, asbestos, arsenic, mercury, and other dangerous materials, have been found during environmental examinations.
Residents of the area face serious health concerns as a result of these conditions, with reports of a rise in pediatric respiratory problems.
Havering Council has declined to label the location as hazardous land in spite of these findings. A group named Clear the Air Havering has contested this decision, claiming that the council’s position disregards the site’s detrimental effects on the environment and public health.