Community Group Takes Legal Action Over Toxic Landfill Site in Rainham
Clear The Air In Havering, a local environmental group founded by three local mums, is in the High Court this week challenging Havering Council’s decision-making with respect to an illegal landfill site at Launders Lane in Rainham. Over the years, a large amount of waste accumulated on the landfill site, and the site now regularly catches on fire during the summer months, emitting large plumes of black smoke that affect neighbouring people and properties. Local schools report having to keep children indoors when fires are burning, and the Council advises residents to close all windows and doors during fires. The site is also classified as one of the highest-emitting methane sites in the UK. Methane contributes to poor air quality and is a potent short-lived climate pollutant.
Residents are concerned that exposure to air pollution from the site can damage airways, aggravate lung diseases, cause asthma attacks, and increase other health risks, and they are concerned about the Council’s years of inaction to address such risks.
In July 2024, Havering Council decided not to designate the site as contaminated land. Clear The Air In Havering challenged the Council’s decision, arguing that it failed to comply with Part 2A of the Environmental Protection Act 1990 and the associated mandatory Statutory Guidance on Contaminated Land.
If the landfill is legally designated as contaminated land, the Council would have specific legal duties to ensure the site is cleaned up. This would include serving a notice on the responsible party to remediate the land. Crucially, if the responsible party fails to act, the Council could step in to clean up the land and potentially recover costs. They could also pursue legal action against the responsible party, including holding company directors personally liable.
Margherita Cornaglia from Doughty Street Chambers is instructed by Mishcon de Reya in this case, led by David Wolfe KC.
More can be read about the case here:
