Council demolishes play area after noise complaints

Diggers breaking up the sports area in Chapel-en-le-Frith that was originally built in 2010

A sports facility is being demolished after a five-year legal wrangle between a parish council and a small group of residents over noise complaints.

Diggers have been breaking up the multi-use games area (MUGA) in Chapel-en-le-Frith Memorial Park, Derbyshire, that was built in 2010 after a community fundraiser.

The parish council said it had made the "difficult decision" to remove the facility after residents went to court over the noise the park generated and its proximity to their homes.

Parents have said they are "dumbfounded" by the move and the facility will be greatly missed.

Carly Dunningham said when children came out of school and saw the MUGA was being demolished, you could see "the devastation on their faces"

Carly Dunningham, who has a 10-year-old daughter, said: "We are dumbfounded by this. A facility for the community has gone, so I would like to ask them (the people who complained) how they feel?"

Parent Rob Hodgson said he felt a mixture of frustration and anger when he saw the diggers.

And Ritchie Fay, who has two sons, 11 and 17, said it was a facility that would be greatly missed.

Mr Fay added: "We need it; we have to have it. There is nothing else now in Chapel for kids.

"We've got a little playground for up to seven-year-olds, we've got a football pitch here, but it can't be used because it is wet and boggy, and that's it."

Rob Hodgson said he was "baffled at how common sense has been lost in all of this"

A small group of residents complained to the parish council for years before they took legal action in 2021 over noise from the site, which they said included ball strikes into metal fencing and anti-social behaviour.

The council was ordered to solve the problem by a High Court abatement order of 31 October 2022.

Richard Buxton Solicitors, which represented residents, said in July a district judge found the parish council guilty of breaching this order and the authority will be sentenced on 13 November.

On its website, the council said: "Following a recent court hearing, the parish council has made the difficult decision to remove the MUGA from the War Memorial Park.

"This decision has not been taken lightly, and we share in the disappointment felt by many in the community.

"However, we believe it is the most sensible course of action to abate the noise and resolve a five-year legal process thereby avoiding further legal costs."

It added that new facilities will be paid for from grants and community funding where possible to avoid further rises in council tax.

Chapel-en-le-Frith Parish Council chairman Tony Dales said the council had battled to save the MUGA and hoped another could be built in the parish

A public meeting will be held at the town hall on Tuesday to discuss sports provision in the area.

Richard Buxton Solicitors, said Sport England guidance advised a distance of between 30 and 40 metres between MUGAs and houses.

This MUGA was much nearer to homes because it was on "the very edge of the park", the statement added.

"Relocation of the MUGA to an area that did not cause noise nuisance to local residents was always intended.

"It is understood from recent public comment by the parish council that the MUGA relocation will form part of the parish council's consultation for the whole park early next year.

"The parish council installed the MUGA in the wrong place to begin with. It has taken 15 years and prolonged legal proceedings to get the parish council to resolve its error.

"The parish council has been responsible for paying the legal costs when unsuccessfully defending proceedings. However, there has never been any claim for compensation against the parish council."