“The air is choking with toxicity, and our kids are breathing this in every single day. Tiny lungs, poisoned before they’ve had a chance. It’s not just sad, it’s criminal.”

Clear the Air In Havering are delighted with the High Court judgement on the Launders Lane case. Overwhelmingly, the Judge upheld our contention that the decision not to designate the land on Arnolds Field, Launders Lane as contaminated was premature and unlawful.

The substance of our claim was upheld: namely that smoke from fires coming from this illegal landfill source is a potential pathway for contamination. This means that the smoke that is coming from the site needs to be rigorously monitored, and the fires must be put out once and for all.

We are relieved that the Judge recognises the risk of significance harm to health that the fires are causing, impacting Rainham residents and the local London Fire Brigade first, who “were called 134 times in 2022, of which 70 were false alarms, meaning there were 64 fires within a 12-month period. It can be seen from these figures that there is no doubt that the Site is a very significant problem for local residents, the LA and other statutory agencies.”

The Judge also acknowledges the absurdity of Havering Council revoking the Abatement Notice on 20 August 2024 in addition to not registering the land as contaminated, leading to a continued lack of action and accountability.

Clear the Air in Havering’s position that the Contaminated Land Statutory Guidance was misapplied, and that lack of sufficient evidence led to a premature decision has been vindicated in this judgment.

In fact, it is clear that Havering Council failed to distinguish between landfill that isn’t on fire, and landfill that is on fire and emitting smoke from the site. While the site may not necessarily pose a risk to human health when not on fire, contaminants from the site or even new contaminants created when material on the site sets on fire, can be mobilised in the smoke.

An absence of a pathway between source and receptor was falsely asserted, both directly and indirectly. In fact, it is clear that Havering Council did not make the connection between landfill that isn’t on fire, and landfill that is on fire and emitting smoke from the site. The point being that the source of the smoke contaminants is the site itself when on fire.

The GESL report makes clear that they were not assessing the impact of smoke and further work needed to be done. TRL’s report did not contain sufficient data, because the key monitor was not online during August – when most of the fires happened – and in direct contradiction to Havering Council’sclaim, the wind was in fact not blowing towards the monitorthat was online during this period. As the Judge said, “no monitor [had been] installed in the direction the smoke was actually blowing”.

Havering Council were misdirected in law when they failed to acknowledge airborne particulate matter in the smoke as a contaminant within the scope of the guidance, implying that the Launders Lane crisis could only be dealt with under the Statutory Nuisance regime (under which they served the abatement notice which they then inexplicably withdrew).

Crucially, the Judge established the possibility of a causal chain between landfill, smoke and potential significant health impacts.

Ultimately, due to insufficient evidence, the risk of significant harm to health remains unquantified and insufficiently investigated with no accountability from Havering Council.

In spite of this, Rainham residents report that the three Breathe London air quality monitors closest to Launders Lane are out of use at this crucial time. It is staggering that we currently have no working monitors in the area as three relevant monitors came down in May (during the recent period of repeated and intense fires). We do not know why those monitors came down, or when they will be going back up. It is imperative that these monitors are reinstalled by the council urgently during the current period of fires. 

This month alone, Rainham residents have reported their understandable distress as they enter “another summer of hell”, with smoke already entering nearby schools:

“The air was choking with toxicity, and that’s what the kids are breathing in every single day. Tiny lungs, poisoned before they’ve had a chance. It’s not just sad, it’s criminal.

There is pitifully little in the way of strategy, guidance or support. As one resident explains, “The air quality right now is horrendous – closing the windows doesn’t help once the toxins are in the house”.

Residents continue to report “stinging” and “irritated” eyes; “a very sore throat, cough and dry nose for the last few days”; feeling “awful all day” with a “banging headache”; closing all windows during this intense heatwave; constant coughing”.

One resident captures the overall mood, as they “dread to think of the long-term health Implications”.

So, while we are delighted by the news, we are far from ready to pack up and go home. Daily weather warnings are being issued, and the Launders Lane fires are raging. Our priorityremains with Rainham children as we continue to hold our council to account at this critical time when top quality air quality monitors must be urgently installed and residents protected from harm.

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