Havering Council prepares 'step-in' action over Rainham waste site

Havering Council is preparing to issue a remediation notice and potentially use 'step-in' powers to implement a temporary solution costing £300,000 at the 'Rainham volcano' waste site. The decision comes after nearly a decade of dispute between the council and the landowner, Jerry O'Donovan, over efforts to address the former illegal waste site on Launders Lane, Rainham.

Dispute over Remediation Efforts

The site, known as Arnold's Fields, has a history of illegal dumping and criminal activity. Jerry O'Donovan acquired the site in 2017 with the stated intention of remediating it and using it as a base for his waste management company. He claims to have been attempting to implement a long-term remediation plan with Havering Council since 2018. However, the council disputes this, asserting that the landowner has delayed progress by withholding permission for temporary works, such as applying a cement-like polymer solution to starve the ground of oxygen and prevent repeated fires. The site has reportedly experienced over 180 fires, leading to resident complaints of eye and throat irritation.

A representative for the landowner stated that the council failed to respond to requests for environmental permits and a planning application for the proposed temporary measures. They expressed concern over the ecological impact and long-term implications, indicating that they could not approve any works without relevant planning documentation. This contrasts with the council's position that, as the local planning authority, no planning application was necessary for these temporary works.

Council's Enforcement Action

Councillor Keith Prince AM, Leader of Havering Council, stated that the council's position has been consistent. He confirmed that during discussions up to March 2026 regarding the proposed temporary remedial works, the council made it clear that no planning application was required. This was communicated in a Cabinet report on 14 January 2026 and reiterated in correspondence dated 17 March 2026, which also addressed environmental considerations. Despite these assurances, the landowner did not grant permission for the works to proceed. The council subsequently offered to fund an alternative proposal from the landowner, but the necessary information was not provided to the required standard for public funds. Consequently, the council has opted for a legal enforcement route through a Remediation Notice to protect residents' health and mitigate ongoing fire risks.

The council's preparation of a remediation notice could potentially delay any works at the site for an additional two to three years. The council also issued an Environmental Impact Assessment on 17 July, which, according to the landowner's representative, was ignored before the council proceeded with preparing the remediation notice at an 12 August meeting.

Landowner's Position

A representative for Jerry O'Donovan acknowledged the council's preparation of a Remediation Notice under Part 2A of the contaminated land regime. They stated the landowner would engage constructively with any properly evidenced and lawfully undertaken process. However, they emphasised that the contaminated land regime has statutory requirements concerning responsibility for contamination, identification of appropriate persons, and the remediation that may be reasonably required. The representative noted that the current landowner did not deposit the waste responsible for the site's condition and that his position regarding any Remediation Notice remains reserved until the council's evidential case, identification of responsible parties, and proposed remediation requirements are known. They recognised the need for a solution and the legitimate interest of nearby residents, stating the issue is how to achieve a safe, lawful, effective, and lasting outcome.