A children’s play park has been bulldozed after three villagers took legal action over allegedly noisy football games.
The games area in the Memorial Park in Chapel-en-le-Frith, Derbyshire first opened in 2010 after a community fundraising campaign.
However, shortly thereafter, three locals—Dr. Merren Jones, Stephen Covey-Crump, and David Howe—submitted complaints to the Chapel Parish Council regarding the sounds of ‘bouncing footballs’ striking its metal structure.
They took the local authority to court in 2021, claiming the area breached planning guidance because it was just a few metres from the nearest house.
Initially, a judge concluded that the complainants were ‘hypersensitive to noise.’ However, in November 2022, the High Court overturned this decision after the three residents claimed the park constituted a ‘statutory nuisance’ due to the noise of ‘ball strikes, kicks, and bounces’.
The council was allotted a four-month period to address the noise issue by either shutting down the multi-use games area (MUGA) or relocating it farther from residential properties.
In the meantime, it hiked taxes up 86 per cent to help pay the ‘six-figure’ legal fees, a move unpopular with locals.
After years of legal battles, the council finally admitted defeat and last week diggers moved onto the site and started demolishing the pitch.
This resulted in a children’s play park in Chapel-en-le-Frith, Derbyshire, as seen, being demolished following legal actions from three villagers over supposedly noisy football activities.
The games area in the Memorial Park first opened in 2010 but has been demolished after years of legal battles
And locals have reacted with fury following the destruction of the much-loved play area.
Mother-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.’
Some residents even claimed that one of the complainants had moved out of the area.
‘I live near the park and it was lovely hearing children playing and kicking a ball about,’ he said.
‘I can’t understand the mentality of some people who expect complete silence while living next to a public park.
Despite being given four months either to close the MUGA or move it further from homes, the council declared its inability to comply with the requirement this week.
Helen Chadwick, pictured, suggested the area could just be moved to the middle of the park instead of being destroyed completely
Adding to the frustration is the irony that one of the complainants reportedly moved away from the village and is now residing in a city, which is not known for being quiet.
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.’
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.
Stuart Barber, pictured left, described the decision to get rid of the site as ‘childish’ while grandmother Stephanie Ashton, right, said it got people off their iPads and into the fresh air
‘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.
