Parish council to remove multi-use games area after five-year legal battle

Chapel-en-le-Frith Parish Council built a multi-use games area (MUGA) in its War Memorial Park but three nearby residents objected to noise from it.

Their initial legal challenge failed in 2022 when DJ McGarva held there was a sharp legal distinction between noise generated from the area’s intended use and that from anti-social activities.

This though was overturned by the High Court, which said consideration should have been given to the health impacts of the noise.

It ruled that the parish council need not demolish the facilities but must reduce the disturbance they cause.

The parish council said in a statement that it would now remove the MUGA to avoid further legal costs.

“This decision has not been taken lightly, and we share in the disappointment felt by many in the community,” it said.

“However, we believe it is the most sensible course of action to abate the noise and avoid further legal costs and resolve a five-year legal process which has failed to provide a definite solution.”

It would consult on the future use of the park and provision of games facilities.

The parish council said continuing to challenge the court’s decision “would cost tens of thousands of pounds in public money, with no guarantee of success”, and ignoring the ruling “would lead to further legal costs, possible fines, and additional liabilities for the Parish Council, all of which would be paid from public funds”, as the council’s insurance did not cover these costs.

Paul Stookes, solicitor-advocate at Richard Buxton Solicitors, who acted for the objectors, told Local Government Lawyer the council was liable to an unlimited fine for not having dealt with the MUGA when originally ordered but its subsequent demolition might mitigate this.

Mark Smulian