Press Release Chapel Memorial Park
Chapel-en-le-Frith Parish Council have successfully defended a court case initiated by two local households relating to complaints about the level of noise in the Memorial Park.
Case number 062100292674 was heard over 3 days at Manchester Magistrates Court and concluded on 4 November 2021. The case was brought under Section 82 of the Environmental Protection Act 1990, which relates to Statutory Nuisance; the Plaintiffs petitioned for a noise abatement notice, and argued that they had suffered injury to health, including that ‘sleeplessness’ constituted injury.
The matter put before the court related to specific items of playground equipment located in the hardstanding areas of the Chapel-en-le-Frith Memorial Park, notably the Multi-Use Games Area (MUGA) and Skateboard Park. 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 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. Progress has continued to be made in the past months both in tackling instances of antisocial behaviour and improving our preventative measures, including continued liaison with the Police and Safer Neighbourhood Team, working with the Borough Council to fund additional barrier hedgerow for the Memorial Park and a successful funding bid to the Police and Crime Commissioner's Anti-Social Behaviour Prevention Grant.