Community Facility Bulldozed After Noise Dispute
A Derbyshire parish council has been ordered to pay £130,000 in compensation to residents and has demolished a popular children's games area following a prolonged legal battle over noise complaints. The multi-use games area (MUGA) in Memorial Park, Chapel-en-le-Frith, which opened in 2010 after community fundraising, was destroyed by diggers last month after Chapel Parish Council admitted defeat in a five-year legal dispute.
Years of Legal Battles Over 'Bouncing Footballs'
The controversy began shortly after the facility's opening when three residents - Dr Merren Jones, Stephen Covey-Crump and David Howe - complained to Chapel Parish Council about the noise of 'bouncing footballs' hitting the metal sides. The residents took the local authority to court in 2021, arguing the games area breached planning guidance because it was 'built in the wrong place' just metres from nearby homes.
Although a judge initially described the complainants as 'hypersensitive to noise', the High Court overturned this decision in November 2022, ruling the park caused a 'statutory nuisance' through ball strikes, kicks and bounces. The council was given four months to solve the noise problem by either closing the facility or relocating it further from homes.
Community Reaction and Financial Fallout
The decision to demolish the facility has sparked anger among many local residents. Mother 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.'
Seventy-eight-year-old Stuart Barber described the situation as 'childish', while grandmother Stephanie Ashton noted the facility 'got people off their iPads and into the fresh air'. Another resident questioned the mentality of people expecting complete silence while living next to a public park.
The legal battle has come at significant cost to the community. The parish council previously increased taxes by 86% to help cover substantial legal fees before being found guilty of breaching the abatement order in July. Richard Buxton Solicitors, representing the three residents, stated the council had 'installed the MUGA in the wrong place to begin with' and that resolving the error took 15 years of legal proceedings.
The council stated on its website that the decision 'has not been taken lightly' but was necessary to resolve the five-year legal process and avoid further costs.
