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Complaints about noise in Chapel park go to court

Chapel-en-le-Frith Memorial Park. Image: Google Maps.

Complaints about the level of noise coming from Chapel-en-le-Frith Memorial Park saw the matter go before a court.

The case was heard over three days at Manchester Magistrates' Court last week, concluding on Thursday. 

Chapel-en-le-Frith Parish Council successfully defended the case, initiated by two local households under Section 82 of the Environmental Protection Act 1990, which relates to Statutory Nuisance. 

The matter put before the court related to specific items of playground equipment located in the hardstanding areas of the Memorial Park, notably the Multi-Use Games Area (MUGA) and Skateboard Park. 

The Plaintiffs petitioned for a noise abatement notice, and argued that they had suffered injury to health, including that 'sleeplessness' constituted injury.  

A wide range of evidence was presented, and a number of witnesses were called by each legal team, including different expert witnesses, to build a complex case.  

As part of the proceedings, the Judge visited the Memorial Park in person to view the equipment on the last day of the court hearing.  

The Judge dismissed the complaint and found in favour of Chapel-en-le-Frith Parish Council.  

A full written Judgement will be provided to both legal teams in due time.  

The Parish Council says it remains committed to working with all residents of the Parish and key partners to address areas of concern which impact the Parish. This includes anti-social behaviour by individuals and groups on Parish Council owned property.  

They state progress has continued to be made in the past months both in tackling instances of anti-social behaviour and improving preventative measures. 

The council is continuing to liaise with the Police and Safer Neighbourhood Team, are working with the Borough Council to fund additional barrier hedgerow for the Memorial Park and have successfully bid for a Police and Crime Commissioner's Anti-Social Behaviour Prevention Grant. 

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