‘Clean Air in Havering’ Group formally issue a legal claim against Havering Council over Launders Lane.

“Havering Council must face up to the reality of this dire situation and take responsibility where it’s due Rainham residents have suffered for too long and children deserved to play outside without feeling that their throats are on fire”.

Local democracy reporter Sebastian Mann today writes:

Local mums worried about toxic fumes coming from a flammable former landfill have taken legal action against Havering Council.

Arnolds Field, in Launders Lane, has caught fire more than 100 times in the past five years, sending acrid smoke towards nearby houses.

In July, the council opted not to designate the land as ‘contaminated’’ despite soil analysis suggesting it could contain asbestos.

After weeks of fundraising, Clean Air in Havering formally issued a legal claim against the council on 18th October.

The group, made up of three concerned residents, is pushing for a judicial review of the council’s decision. If Arnolds Field was to be legally designated as contaminated, Havering and the Environment Agency would have specific legal duties to ensure it is cleaned up.

In a statement, campaigner Ruth Kettle-Frisby said the town hall “must face up to the reality of this dire situation and take responsibility where it’s due”.

She said the Rainham residents had “suffered for too long” and children “deserved to play outside without feeling that their throats are on fire”.

A spokesperson for the council said: “We understand legal action has been taken by the Clean Air group concerning Launders Lane.

“Due to this legal action, we are unable to comment further at this time.”

Havering Council had issued an abatement notice to the owner, DMC Essex, ordering them to clean up the land. However, the town hall relented after being faced with an appeal, and has accepted a verbal commitment from DMC Essex the land will be dealt with.

Residents say that local GPs attribute the high levels of respiratory and lung diseases in the area to the landfill site. When the field catches fire, they are forced to shut their windows and stay indoors.

Ruth said the legal claim had been a “last resort”.

She continued: “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.

“However, clean air should be a human right, not a privilege that is dependent on where you live. Rainham children – especially those with existing health conditions and disabilities – are living at the sharp end of this crisis.”

Emily Nicholson, a partner with law firm Mischon de Reya, said: “It is clear that without this legal action the situation would not change.

“Only last month the council withdrew an abatement notice against the landowner of the site, citing a new verbal agreement that the landowner would take some unspecified steps to seek to prevent the fires before April 2025.

“As it is understood, the council and residents have no means to enforce this agreement, so if the steps taken are not sufficient to stop the fires then the community is back where it started once more, and facing yet another summer of fires on the site.”

She argued the council did not take “significant factors” into account, relied on “flawed data” and “inconclusive evidence,” and did not “properly consider the impact on the physical and mental health of local residents”.

The London Fire Brigade has previously said the fires were “distressing” and put firefighters at “unnecessary risk”.

Soil analysis from November 2023 showed the land could contain asbestos, as well as plastic bags, crisp packets, bricks, cans, polystyrene and asphalt.

If the campaigners are unsuccessful, Ruth will need to pay up to £5,000 towards the council’s legal costs. They have so far raised more than £14,000 through online fundraisers.

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