The Place Overview & Scrutiny Sub-Committee met to discuss the ongoing issues at Launders Lane (Arnold's Field), a privately owned site that has been the source of frequent fires and smoke pollution. The council has declared the land as contaminated, a decision that has been the subject of a judicial review. The meeting also addressed the historical context of the site, the health impacts on residents, planning considerations, and potential remediation strategies.

Launders Lane (Arnold's Field) Declared Contaminated Land

Following a judicial review, Havering Council has declared Launders Lane (Arnold's Field) as contaminated land. This decision, announced on the day of the meeting, was made after considering new evidence, including the impact of smoke as a contaminant pathway. The council is now engaging with the landowner, DMC Essex Limited, to discuss remediation options, which could include voluntary measures or the service of a formal remediation notice. The aim is to stop the fires and mitigate the impact on local residents, with potential solutions ranging from temporary measures to permanent capping of the site.

Health Impacts and Air Quality

Extensive air quality monitoring and health impact assessments have been conducted around Launders Lane. While initial studies did not find specific toxic substances at levels exceeding legal limits, the council's revised decision to declare the land contaminated acknowledges the impact of smoke on residents' health. Residents have reported various physical symptoms and mental health impacts due to the persistent smoke and the inability to use their gardens or open windows. The council's analysis of local health data indicated a statistically significant increase in GP attendances for respiratory conditions on days with fires. However, long-term health impacts, such as cancer incidence, have not shown statistically significant differences compared to the wider borough, though the council acknowledges the difficulty in detecting such impacts due to the intermittent nature of the fires and the general prevalence of air pollution across Havering.

Land Ownership and Planning Considerations

The site at Launders Lane is primarily owned by DMC Essex Limited, with one parcel having no registered owner and another vested in the Crown Estate. The landowner has expressed ambitions to redevelop the site for a plant hire business, which would involve extensive hard surfacing and large buildings. However, the site is located within the Green Belt, and any development would require demonstrating very special circumstances due to the significant harm it would cause to the Green Belt. The council has advised the landowner on planning requirements, but no formal planning application has yet been submitted. The council's focus remains on remediation to stop the fires, which does not necessitate the site's redevelopment.

Remediation Options and Next Steps

The council has explored various remediation options to prevent oxygen from reaching the underground waste, which is believed to be the cause of the smouldering fires. These options include traditional capping, which could cost up to £10 million, and a more innovative, potentially quicker, temporary solution involving a polymer layer and subsequent landscaping, referred to as hydro-mulching. Further technical and operational assessments are required to determine the viability of the polymer layer. The council is also seeking financial support from government departments and the Greater London Authority to assist with remediation efforts. The next steps involve continued engagement with the landowner to achieve voluntary remediation. If this is unsuccessful, the council may issue a formal remediation notice.

Communication and Engagement

The council has maintained communication with residents through newsletters, public meetings, and a dedicated webpage. A WhatsApp group has also been established for more immediate information sharing. Multi-agency meetings involving the Environment Agency, London Fire Brigade, UK Health Security Agency, and other stakeholders have been held to address the situation.

Recommendations and Future Actions

During the meeting, several recommendations were made and agreed upon by the committee. These included:

• A review and documentation of past communications with all interested parties to identify missed opportunities for earlier intervention, and the development of a formal engagement strategy for consistent and assertive engagement moving forward.
• The provision of further information to Councillor Holt regarding the existence and management of asbestos on the site.
• The council lobbying the government to tighten legislation, specifically concerning the inclusion of smoke as a contaminant pathway under the Contaminated Land Act.
• The development of an action plan for detecting long-term health impacts.
• Liaising with the landowner regarding the cutting back of shrubbery to reduce fire risks.
• Establishing a data-sharing partnership with the Fire Brigades Union to gather information on the impact of contaminants on firefighters.
• The council exploring comparisons with other local authorities that have dealt with similar contaminated land issues and engaging with them for best practice.
• Seeking legal advice on the council's potential liability and exposure to legal action in the future.
• The council developing a proactive communications plan to inform residents about the impact of poor air quality, how to detect it, and recommended health checks.
• The council exploring the feasibility of establishing a data-sharing partnership with the Fire Brigade Union.
• The council investigating the potential for cutting back shrubbery on the site to mitigate fire risks.
• The council considering the inclusion of specific engagement with local schools in its communication strategy.
• The council seeking legal opinion on its exposure to future litigation related to long-term health impacts.
• The council producing a flowchart outlining the decision-making process and potential pathways for residents.
• The council investigating the possibility of establishing a data-sharing partnership with the Fire Brigade Union.
• The council exploring comparisons with other local authorities and international case studies regarding contaminated land remediation and health monitoring.
• The council seeking legal advice on defining a reasonable timeframe for landowner engagement and potential council intervention.
• The council considering the establishment of an independent chair or body to oversee the remediation process.
• The council ensuring that communication strategies include specific considerations for local schools and children.

The committee also noted that the council would be recommending the adoption of Zane's Law principles, which advocate for the polluter pays principle and the maintenance of public registers of contaminated land. The council will also be seeking legal advice on the potential for recovering costs associated with remediation efforts.