Local environment group threatens council with legal challenge over “lack of action” in relation to landfill site

A campaign group found by three local mothers has threatened Havering Council with a judicial review claim over what they say is a lack of action from the local authority in dealing with a landfill site.

‘Clear the Air in Havering’ claims that the site in Rainham is affecting air quality and local residents’ lives.

The group said: “During the summertime the site regularly catches fire presenting significant unquantified, unprotected health and safety risks both to firefighters who are unable to access the fires, as well as residents as great plumes of toxic black smoke suffocate the sky. This already 20-year-long public health crisis can no longer be allowed to continue.”

City law firm Mishcon de Reya, which is acting for the group, has instructed David Wolfe KC of Matrix Chambers on the claim. A pre-action letter has been sent to the council.

Clear the Air in Havering criticised the local authority for deciding not to designate the landfill as contaminated land.

It said: “When councils make these decisions they are obliged by law to take certain things into account, including whether the site causes or is likely to cause significant harm to health.

“Our lawyers confirm that we have strong grounds to argue that this decision was made without taking into account the relevant factors: the council have failed to apply the Contaminated Land Statutory Guidance properly, have not adopted a structured approach to risk assessment, relied on flawed air pollution data and inconclusive evidence in relation to groundwater contamination, and have failed to adequately consider the impact the site has on the physical and mental health of local residents (which an expert report commissioned by the council suggested were "significant").”

On its Crowd Justice fundraising page, Clear the Air in Havering has set an initial target of £16,500 and a stretch target of £50,000. It added that it “ideally” needs to raise around £150,000. The legal team intends to apply to the court for capped adverse costs under the Aarhus Convention.

A Havering Council spokesperson said: “We are aware of the proposed legal action by the Clean the Air group and their associated petition.

“Due to any potential legal action that may follow, we are unable to comment further at this time.

“Residents can read what we’ve previously said about the contaminated land report, as well as other updates on the work around Launders Lane, on our website.”