Council decision not to designate illegal landfill ‘contaminated land’ to be challenged in High Court
The High Court has agreed to hear a judicial review challenge of Havering Council's decision not to allocate an illegal landfill behind pollution issues and wildfires as 'contaminated land'.
Lawyers representing the claimant have said the grounds of challenge raise points on how public authorities approach decision-making in relation to environmental and public health issues, especially around air pollution and contaminated land.
Mrs Justice Lang found that the claimant, Ruth Kettle-Frisby, raised arguable grounds meriting consideration at a full hearing and categorised her claim as "significant".
Kettle-Frisby is a co-founder of local campaign group, Clear the Air in Havering, which has raised more than £15,000 in funds through a crowdfunding campaign.
The illegal landfill at Launders Lane in Rainham regularly catches fire in the summer, presenting health and safety risks to firefighters who are unable to access the fires and to residents, workers and visitors, according to the campaign group.
The claim centres on the council's decision taken in July 2024 not to designate the landfill as contaminated land.
Writing on its Crowd Justice page, Clear the Air in Havering 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."
The group said its legal team believe there are "strong grounds" to argue that in taking its decision, the council:
- failed to apply the Contaminated Land Statutory Guidance properly,
- failed to adopt a structured approach to risk assessment;
- relied on "flawed "air pollution data and "inconclusive" evidence in relation to groundwater contamination;
- 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')".
Emily Nicholson, a partner at law firm Mishcon De Reya, which is working with Clear the Air in Havering, said: "We are very pleased that the High Court has granted permission for this judicial review to proceed and that the Court has recognised how important this matter is, both for the residents of Rainham, and more widely.
"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."
Kettle-Frisby meanwhile 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."
"If this claim is successful, the council will have to remake their decision on whether the land is contaminated or not based on a thorough and comprehensive assessment of the evidence and risks presented by the toxic air pollution from the fires on the health and safety of local residents, including vulnerable children, based on correct data."
A spokesperson for Havering Council confirmed the London borough has received notice of the judicial review and is responding to the court.
Adam Carey
