The landowner of a site in Rainham which continues to see frequent fires has appealed a nuisance notice issued by Havering Council.
A statutory nuisance abatement notice and a community protection warning has been given to DMC (Essex) Limited, the council has said.
But the company has appealed against the abatement notice and the authority said it is waiting on a date for this to be heard in court.
DMC (Essex) Limited owns Arnold's Field, in Launders Lane, which has been the site of numerous fires in recent years.
The Local Democracy Reporting Service (LDRS) reported last year that a survey of the site in 2011 found an estimated "30,000 to 40,000 cubic metres” of unregulated waste had been dumped there.
The council has been carrying out a study of the site in a bid to assess whether air quality is posing risks to human health.
Fears about the impact of smoke from the fires have caused anger amongst nearby residents and accusations that the council has not taken enough action on the issue.
The council said there has already been a number of significant fires at the Launders Lane site so far this summer.
It said the protection warning bids to address the "detrimental effect on the quality of life of local people, and the unreasonable burden on the fire brigade".
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The local authority added that air-quality monitors around Launders Lane show significant but short-lived periods of poor air quality.
Should further fires occur, causing smoke and fumes to be released into the area which significantly affects residents, formal action may be considered, the council stated.
But the authority said it has been limited by the fact the site is privately-owned, and said air quality in Rainham meets UK legal limits.
"This doesn’t make the fires any more acceptable, and the council will continue to use the tools available to ensure the landowner [...] takes action to reduce the risk of future fires," it added.
The protection warning, the second option the council has pursued, could include securing the site to prevent unauthorised access.
This is due to fire risks from further fly-tipping and possible arson, the council said.
The warning includes rules that DMC (Essex) Limited must adhere to, and the council said it will review the site this month to ensure it has kept to its terms.
Regarding the abatement notice, in place since May, the council said it has been suspended until the appeal is decided.
DMC (Essex) Limited's co-owner Jerry O’Donovan told the LDRS last year that his company takes its responsibilities “very seriously” and claimed he has been “in dialogue” with Havering Council for a number of years.
The council has urged people to get in touch to record how the fires have been affecting them.
You can do so via via www.havering.gov.uk/downloads/download/17/statutory-nuisance-diary-sheets.
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