Receive (if any)

An apology for absence was received from Councillor Laurance Garrard.

Members are invited to disclose any interests in any of the items on the agenda at this point of the meeting.  Members may still declare an interest in an item at any time prior to the consideration of the matter.

There were no disclosures of interests.

Report attached.

The Chair welcomed the Leader of the Council and Chief Executive to the special meeting.

A joint meeting of the People and Place Overview & Scrutiny Sub-Committee was organized in response to a motion on Arnold’s Field agreed by Full Council.

The joint sub-committee received a report that describes the history of Arnold’s Field, the investigations initiated by the Council in response to the fires on the site and proposed options to stop the fires currently under consideration.

The Joint Sub-Committee received a comprehensive update on the history and current status of the Launders Lane site, including previous enforcement actions, judicial reviews, and the recent designation of the land as contaminated.

It was noted that the site was legally mined for extraction purposes in the 1960s. In 1999, permission was granted for the land to be filled and returned to the community however this did not occur. Instead, the landowners at the time allowed further activity on the site. Enforcement notices were subsequently served on the landowners, who challenged them in court but lost. Continued activity on the site was dismissed in 2005 and again in 2011. It is believed that no additional dumping occurred after that period, although there was significant movement on the site. Eventually, the land was altered through various expenses. During this time, the Environment Agency successfully prosecuted the company involved.

It was noted that in 2017, the site was acquired by MC Essex through auction. By 2019, there were more than five fires reported on the site, and in 2022, air quality monitoring measures were introduced. Evidence began to be gathered in 2023, including intrusive soil investigations carried out on behalf of the Council. In 2024, a nuisance abatement notice was issued against the landowners but later withdrawn to allow collaborative work toward a solution. The Council determined in 2024 that the land was not contaminated under the relevant parts of the Environmental Act, this decision was judicially reviewed, and the outcome was issued earlier this year. The Joint Sub-Committee noted that last week, the Council made a new Part 2 decision, as previously indicated, incorporating judicial review outcomes and engagement with landowners prior to public announcement.

The 2017 contaminated land inquiry had identified asbestos, hydrocarbons, and other substances, marking the site for future investigation. It was clarified that contamination alone does not necessarily mean the land is designated as contaminated, a pathway for contaminants to leave the site must exist. The 2024 decision concluded the land was not contaminated but judicial review introduced new considerations, including smoke as a contaminant which had not previously been addressed in legislation. This led to the recent Part 2 decision, supported by published evidence and local investigations. All associated documents have been published on the Council’s website.

It was stated that discussions are ongoing with landowners regarding remediation. Members noted that declaring the land contaminated does not automatically stop fires or their impacts, permanent solutions are being explored. The Council will decide whether remediation will be voluntary or enforced  ...  view the full minutes text for item 93.