Judicial review granted in landfill case

The High Court of Justice in London has granted permission for a judicial review of Havering Council’s decision not to designate the illegal landfill site at Launders Lane, Rainham, as contaminated land. The case was brought by Ruth Kettle-Frisby, co-founder of Clear the Air in Havering, an environmental group advocating for action against the site’s persistent pollution.

The landfill has been a source of year-round air pollution due to smouldering underground fires and frequent summer blazes, creating significant health and safety concerns. Nearby residents report respiratory issues, while local schools and homes are regularly impacted by toxic smoke. The site is also one of the highest methane emitters in the UK.

Mrs Justice Lang DBE observed that the claim raised "arguable grounds" warranting a full hearing, categorising it as "significant" due to its potential public interest and legal implications. Mishcon de Reya, representing Kettle-Frisby, noted the case’s importance in addressing public authority decision-making on environmental and health issues.

If the site is designated as contaminated land, Havering Council would be legally obliged to ensure its remediation. This could include compelling responsible parties to act or undertaking the cleanup themselves, with the possibility of legal action to recover costs.

Kettle-Frisby welcomed the judicial review, calling it a crucial step in resolving the “dire public health crisis” and ensuring children in Rainham have access to clean air. Emily Nicholson, a partner at Mishcon de Reya, underscored the case’s broader implications for environmental justice and public health accountability.

The council has until 26 December 2024 to respond, with the public hearing expected in early 2025.

Copyright & permissions