London borough designates waste site as contaminated land, following High Court ruling

The East London site, which is around 15 hectares in size and situated just 400m from a street of residential buildings, has been the subject of complaints for years and has a long planning history.

Enforcement notices have been in place since 2004, but have not been complied with, and the site has changed ownership multiple times.

Since at least 2018, spontaneous fires have plagued the site, producing smoke that affects nearby homes, schools, and leisure facilities.

From 2022 to 2025 (to the end of September), the council said the London Fire Brigade had to attend the site on 160 different occasions to deal with officially recorded fires, plus on other occasions to respond to reports of smoke or to manage "controlled burns".

The High Court overturned the council's initial decision not to identify the land as contaminated in June this year.

In Clear the Air in Havering, R (On the Application Of) v London Borough of Havering [2025] EWHC 1492 (Admin) (17 June 2025), Mrs Justice Lieven considered arguments from the council and a local campaign group named Clear the Air in Havering.

She raised concerns that the London borough appeared "to have been very confused about the correct legal approach" to the site, before allowing the group's claim on two grounds.

"In my view, it is important that the LA reconsider the decision in the light of the proper legal analysis and all the up-to-date data that has been collected. It does not appear to me to be at all obvious that the decision would necessarily be the same," Lieven J said.

Since the High Court judgment, the council said it has taken time to assess the acute impacts of smoke on physical health and long-term impacts of recurrent fires and smoke on mental wellbeing, which have now been taken into account.

This is supported by further data, research, and analysis made available in the intervening period, according to the council.

A statement on Havering's website said the new evidence "demonstrates a strong case for intervention, especially given the ongoing fires and their impact on public health and wellbeing".

It added: "In light of uncertainty about the full extent of harm, the council has taken a precautionary approach, recognising the fires are unlikely to cease without intervention and that continued exposure poses unacceptable risks."

Following this determination, legally the council must now consult with the landowners about how to remediate the land and, if necessary, serve a remediation notice.

It said it plans to agree on a short-term and longer-term remediation plan with landowners to stop the fires as soon as possible.

If agreement cannot be reached, the council will serve a remediation notice requiring remediation action.

Cllr Ray Morgon, Leader of Havering Council, said: "By formally identifying the site as contaminated land, we are sending a clear message: we will not stand by while our residents' health and quality of life are put at risk.

"This determination will provide us with more power to be able to take real action to hold the landowner to account and to push forward with remediation of the land, and ultimately put a stop to the fires once and for all.

"This is a very complex situation and the judicial review created new precedents. We have obtained professional external legal advice to make sure we are following all of the correct procedures."

The council is also set to support a campaign called 'Zane's Law', which seeks to encourage the Government to "make toxic landfills safe" by strengthening statutory requirements and providing the requisite funding for relevant authorities to be able to address the issues.

"A report will go to Cabinet in November that will propose that we support this campaign and lobby the Government for change," Cllr Morgon said.

Ruth Kettle-Frisby, one of the founders of Clear the Air in Havering, said: “The High Court ruling has forced Havering Council to recognise smoke from the fires as a contamination pathway, and therefore a legal precedent has been set.

“In highly welcome news, having consistently lobbied Havering Council to table a motion in support of Zane's Law, we expect this report to be presented at full council next month. 

“Zane's Law would require local authorities and the environment agency to keep public registers of any land that could be contaminated. Crucially, they would be required to ensure these sites are regularly inspected and remediated via government funding that is recouped where possible according to the polluter pays principle."

Adam Carey