Challenge for Non-Identification of Contaminated Land

On 21 November 2024, Laing J granted permission for a judicial review of Havering Council’s decision not to designate an illegal landfill site at Launders Lane in Rainham as contaminated land in proceedings brought by Ruth Kettle-Frisby, a Havering resident and co-founder of Clear the Air in Havering. 

The illegal landfill site is said to be affecting air quality and residents’ lives with constantly smoking underground fires. Residents also say that local GPs attribute high levels of respiratory and lung diseases in the area to the site, and there are also concerns about surface water runoff from it. Smoke from the site has affected local schools, and the site is classified as one of the highest methane emitting sites in the UK. 

In July 2024 Havering Council decided not to identify the land as “contaminated”.  The judge found there were arguable grounds meriting consideration at full hearing and categorised the case as “significant” under Planning Court rules. The case is one to watch as it is the first time a local council’s failure to identify land has been subject to legal challenge. 

The partner at Mishcon de Reya acting for the claimants is reported as having said that 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.[1]

Stephen Tromans, Contaminated Land (Sweet & Maxwell 2018) [3]-[75].