Report attached.

Report Title: Launders Lane (Arnold’s Field) 

Presented by: Cllr. Ray Morgon, Leader of the Council

The Chair agreed to present this item first to allow residents in the Chamber to hear the discussion.

Summary

In response to the motion agreed by Full Council, this report 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 Council acknowledges and understands the concerns from residents and recognises that the volume of fires being experienced, having to close their windows (due to the smoke) for extended periods of time and having to lose use of their gardens and local parks in the summers is not acceptable. The Council also recognises that the recurrent fires have an impact on the physical and mental health of local residents.  

The Council continues to do all it can to find a solution to stop the fires (and associated smoke) and to ensure that those legally responsible for resolving the situation do so as quickly as possible. However, the situation remains complex. 

Arnold’s Field on Launders Lane, Rainham, RM13 9FL(the “Site”) is privately owned and, between circa 2002-2014, the site was subject to illegal activities, including significant fly tipping, firearms storage and drug cultivation. The volume of illegal waste dumped, combined with the Site not being managed in the manner of an authorised landfill, is the root cause of the present ongoing fires and smoke. However, visible fires did not become a significant annual occurrence at the Site until the summer of 2019.  

From 2004 to 2018, a range of enforcement action was taken in relation to the site by the Council, Environment Agency and the Metropolitan Police. This included the serving of Planning Enforcement and Stop Notices and with individuals being prosecuted and sentenced to prison. Further enforcement action was taken by the Council in 2024 with the serving of an Abatement Notice and a Community Protection Warning on the current landowner. 

Between 2022 and 2025, the Council also carried out air quality monitoring, commissioned an intrusive soil investigation, arranged testing of the watercourse, sampled for asbestos in the air, analysed health impact data and has explored options for stopping the fires.Discussions have also been held with expert/scientific advisers, national agencies, the landowner,local residents, the local MP, the Greater London Authority and the London Fire Brigade. 

Following analysis of the air quality monitoring results, officers concluded that pollution levels, as a result of the Site,had not breached the World Health Organisation’s Air Quality guideline values, nor the UK’s current legal requirementsregarding air quality. Equally, officers concluded that these limits were not helpful in assessing the impact of the fires on the health of residents living around Arnold’s Field. 

Although initial appearances suggested that the fires originated at the surface as a result of human action (eg. discarded glass or arson), officers latterly came to the view that the vast majority ofthe more recent fires start in materials underground and that the most effective means of stopping these “subterranean fires”(technically smouldering hotspots underground) is to prevent oxygen from reaching below the surface. 

Following the judicial review ruling in June 2025, the Council has continued to carefully consider the available information, data and evidence and is in the process of making a new decision on whether or not the site should be determined as “Contaminated Land” under the Environmental Protection Act 1990. 

If the Site is formally designated as “Contaminated Land”, the Council would be required to enter further discussions with the landowner prior to the service of a Remediation Notice to address significant contaminant linkages. If the Site does not meet the threshold for designation as “Contaminated Land”, the Council will serve an Abatement Notice on the landowner to abate the nuisance from smoke and to take the necessary steps to stop the fires. 

Any substantial works to stop the fires may take 3-7years but it may be possible to achieve an effective (albeit interim) stop to the fires within 6-12 months. 

The Council is in the process of making a new determination regarding the status of the land under Part 2A of the Environmental Protection Act.

The previous determination was deemed premature by the court; more evidence is now being gathered.

A decision is expected within a few weeks, with two possible outcomes:

Contaminated Land: triggers a remediation notice.

Not Contaminated: triggers an abatement notice under statutory nuisance provisions.

The legislation is described as unclear and outdated, complicating the decision-making process.

The Judicial Review (JR) highlighted gaps in the original assessment, especially regarding smoke and mental health impacts, which are now being considered in the new determination. The JR outcome may set new case law.

Residents are experiencing significant distress due to smoke, fires, and inability to use gardens or open windows, especially during hot weather.

Mentaland physical health impactswill be key factors in the final decision.

The Council acknowledged the urgency and seriousness of the issue.

The land is privately owned, and the cost of remediationis expected to fall on the landowner.

Financial implications for the Council are being monitored but are not part of the determination criteria.

Potential for legal challenges from the landowner or residents following the determination.

The Council is preparing for both outcomes and associated litigation risks.

Members suggested raising the issue with national bodies (e.g., LGA) to advocate for clearer legislation.

The Council is committed to sharing learnings with other authorities facing similar environmental issues.

Cabinet:

·         Noted the report in general.

·         Noted, in particular, the actions taken to date and possible future actions.

·         Noted, in particular, the costs to the Council to date and potential future costs/risks.