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Appears in Newsflare picks
01:27
Kids' play park bulldozed after three villagers take legal action over noisy games
A village play park has been bulldozed after three homeowners sued a parish council over "noisy" football games."
Locals in the beauty spot of Chapel-en-le-Frith, Derbys., have been left fuming after council workers started digging up the sports pitch.
The multi-use games area (MUGA) was opened in the village's Memorial Park in 2010 after a community fundraising campaign.
Soon after Dr Merren Jones, Stephen Covey-Crump and David Howe lodged complaints with the council about the noise of "bouncing footballs" hitting the metal sides. "
They claimed the MUGA breached planning guidance as it was just a few metres from the nearest house and they took the council to court in 2021.
Initially a judge ruled the complainants were "hypersensitive to noise" but a High Court judge overturned the ruling in November 2022."
Chapel Parish Council was handed an abatement order and given four months to solve the noise problem by either closing the MUGA or re-installing it further away from homes.
Locals were also left in uproar after the council put taxes up 86 per cent to help pay the "six-figure" legal fees."
The council finally admitted defeat and last week diggers moved onto the site and began demolishing the pitch, sparking fury from parents and locals.
Mum-of-one Sarah, 51, said: "I used to bring my son here when he was a toddler and he's used it since then."
"He's 13 now and he would have used it during the winter. Loads of kids used it."
"It was a shock to see the bulldozers tearing it up. It's sad really because it's yet another place where kids can't go. "
"You're talking about getting kids into sport and it's taking it away." "
Residents living near the complainants claim at least one of them has since moved out of the village.
Another resident fumed: "I live near the park and it was lovely hearing children playing and kicking a ball about."
"I can't understand the mentality of some people who expect complete silence while living next to a public park. "
"What is just as galling is I know that one of them [the complainants] has moved away from the village and I understand is now living in a city which is hardly peaceful." "
Carly Dunningham, who has a 10-year-old daughter, said: "We are dumbfounded by this. decision to demolish the MUGA. "
"A facility for the community has gone, so I would like to ask them (the people who complained) how they feel?"
Ritchie Fay, who has two sons, aged 11 and 17, 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." "
In the 2022 legal case in the High Court, the three residents claimed the MUGA caused a "statutory nuisance" as a result of "ball strikes, kicks and bounces."
They also moaned about noise coming from the skatepark but judges ruled it had not been built too close to people's homes.
Villagers expressed their sadness at the decision to remove the park which included built in football goals and basketball hoops.
Helen Chadwick, 75, said: "It was just brilliant, all the kids played and it was glorious to see all of these different ages playing together."
"I don't understand why it couldn't have just have been moved into the middle of the park to reduce the noise for people nearby." "
Stuart Barber, 78, said: "I think it's a bit childish what they've done. It should have been kept, a lot of people used it."
"Such a small group of people have managed to change something so petty, it's a joke." "
Grandmother Stephanie Ashton said: "My grandkids come here to play football as they've got friends in Chapel as well."
"It's good for them to be out in the park rather than playing on their iPads. Every time you came to the park there were always kids on it."
"I wouldn't say it was noisy at all, they were just generally playing football."
"All they needed to do was put soundproofing around and that would've cured it. You get shouting in every town and village."
On its website, the council stated: "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." "
Richard Buxton Solicitors, which represented the three residents, said: "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 legal firm added there had never been any claim for compensation against the parish council.
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