Your Route to Real News

Village left footing the bill after three residents sued council over field

1375     0
Locals slam council over drawn-out row
Locals slam council over drawn-out row

VILLAGERS are in uproar after being handed an 86% rise - to cover legal bills after three residents sued the parish hall over a “noisy” games pitch and skate park.

Locals in the beauty spot of Chapel-en-le-Frith, Derbyshire have been left counting the cost after bungling councillors lost a legal battle over noise complaints from a children’s sports pitch.

Villagers in Chapel-en-le-Frith are fuming after their council tax shot up by almost 87% qeituiqukidekprw
Villagers in Chapel-en-le-Frith are fuming after their council tax shot up by almost 87%Credit: Roland Leon
Local Paul Johnson said the 'only people benefitting are the lawyers'
Local Paul Johnson said the 'only people benefitting are the lawyers'Credit: Roland Leon
It comes after three residents complained about the noise at a sports pitch
It comes after three residents complained about the noise at a sports pitchCredit: Roland Leon
Residents Richard Bramley said he thinks the 'Parish Council is incompetent'
Residents Richard Bramley said he thinks the 'Parish Council is incompetent'Credit: Roland Leon

The 7,243 residents have now been told the Parish Council portion of their council tax bills will increase to help pay for “six-figure sum” legal costs, sparking anger.

Locals believe they have been asked to foot the bill as the Parish Council did not have a valid insurance policy in place, leaving them uninsured.

The row stems from a multi-use games area (MUGA) which was installed in Memorial Park in 2010 following a fundraising campaign.

I'm a property expert - my guess for the cheapest time to buy a home this yearI'm a property expert - my guess for the cheapest time to buy a home this year

Soon after Dr Merren Jones, Stephen Covey-Crump and David Howe lodged complaints with the council about noise coming from the MUGA due to the sound of footballs repeatedly slamming into the metal sides.

They claimed the MUGA breached planning guidance as it was just a few metres from the nearest house and submitted noise readings to highlight the problem.

But when the council failed to respond, the case ended up in court.

Initially a judge ruled the complainants were “hypersensitive to noise” but a High Court judge overturned the ruling in November 2022.

Chapel Parish Council was then handed an abatement order and given four months to solve the noise problem by either closing the MUGA or re-installing it in the park further away from homes.

They have failed to act and a further two-day court case will take place in May at Manchester Magistrates’ Court to rule on its future - sparking concerns it could be demolished.

In the meantime, Parish Council bosses have written to residents warning them that from April 1 council tax bills will rise by 86 per cent to up to £110 per year depending on the type of property to help pay “six-figure” legal fees.

The memo states: “Many residents will be aware that the Parish Council has been the defendant in litigation re perceived nuisance caused to two nearby households by public activity in the Memorial Park.

“Dates are set for further court hearings during 2024. Irrespective of the final outcomes, the council will have a liability to pay legal costs for both itself and the complainants.

“These will together total a six-figure amount, albeit the amount will not be clear for a while yet.

Inside Camilla's £850k 'guilty pleasure' country pad - and Charles 'hates' itInside Camilla's £850k 'guilty pleasure' country pad - and Charles 'hates' it

“The Parish Council has been striving hard to minimise the effect on residents of the litigation, and we shall continue to do so.

“We're disappointed that this increase in council tax is nevertheless necessary, and we're grateful for your understanding in these unusual circumstances.”

Local residents are outraged by the threat to the MUGA’s future and also at the incompetence of the parish council.

The residents who made the complaint are very much isolated now.

Darren CearnsLocal

More than 50 locals attended a meeting in February, with most expressing anger that the MUGA faces being demolished to satisfy the wishes of just a few residents.

Darren Cearns, 36, told The Sun: “The residents who made the complaint are very much isolated now.”

Scott Hudson called for the parish councillors to be sacked, writing online: "I don't mind paying for a better village, roads, youth clubs etc, but court costs for something I'm not involved in stinks. The whole lot needs to be sacked."

Mother-of-four Sam William, 37, said: "Our council tax for the Parish Council has gone up 86%. It is expensive here for council tax anyway. The whole thing is ridiculous.

“My eldest is nearly 16 and they do come to the park but there is nowhere else to go.”

Her partner Richard Bramley, 38, added: "I think the Parish Council is incompetent.”

It will be a shame if they get it taken down.

Paul JohnsonLocal

Administrator Stephanie Johnson, 57, said: "It is ridiculous. I was really surprised they complained”.

Engineer husband Paul Johnson, 60, said: "I think the only people benefitting are the lawyers. They are going to get rich. It is ridiculous.

“The kids aren't going to go away. It is always well used and the kids play football and are often there with their parents. It is good family time.

"Exercise groups use it as well. The people using it are not unduly loud. It is a recreational park - what do you expect? It will be a shame if they get it taken down.”

Dr Jones refused to comment when contacted by The Sun.

Mr Howe, who is another complainant, has since sold his house and moved out of the village.

Tom Hughes bought one of the complainants' homes, and dubbed the area 'peaceful place I have ever lived'
Tom Hughes bought one of the complainants' homes, and dubbed the area 'peaceful place I have ever lived'Credit: Roland Leon
Councillors lost a legal battle over noise complaints from a children’s sports pitch
Councillors lost a legal battle over noise complaints from a children’s sports pitchCredit: Roland Leon
Locals believe they have been asked to foot the bill as the Parish Council did not have a valid insurance policy in place
Locals believe they have been asked to foot the bill as the Parish Council did not have a valid insurance policy in placeCredit: Roland Leon
Now they're facing a 86% council tax increase
Now they're facing a 86% council tax increaseCredit: Roland Leon

Gardener Tom Hughes, 42, who bought his old house, said: "This is the most peaceful place I have ever lived. I think what has happened is ridiculous.

“I often have a window open and it is peaceful. We use the park every day.

“If they got rid of the MUGA it would be criminal."

Emma Beswick, who has launched a petition signed by more than 1,100 people to save the MUGA, said its removal would devastate the 1,847 children who live in the area.

The 49-year-old mum-of-two said: “My family has always enjoyed playing in the park - infact it was the main reason we moved here.

“The MUGA was originally a tennis court but it was developed into a MUGA in conjunction with the police in response to anti-social behaviour.

For it to go would be such a travesty.

Emma BeswickLocal

“They wanted it on the same site as the tennis court because they could drive past and keep an eye on it.

“My mum lived on the edge of the park near the Muga for almost ten years and never had any problems.

“She liked seeing people being healthy and active. For it to go would be such a travesty.”

Susie Gloster, 83, who lives next door to Dr Jones, said: “We have very little problems with balls coming over or anything like that but I think our neighbours have a problem with it.”

Solicitor Paul Stookes, who represents the applicants, said: “My clients moved in before the MUGA was built, and the Parish Council knew from the very start it was too close to residential homes.

“The only reason this issue has ended up in court is because the Parish Council have failed to deal with it for several years.

Whatever the agreed sum turns out to be, we shall have to pay it in the financial year.

Peter LeppardLocum parish clerk

“They have known about the issues surrounding the MUGA for a long time and done nothing. They could have dealt with this years ago and incurred no costs.

“My clients have never wanted to end up in court, but if the Parish Council won’t listen to them, what are they expected to do? Issuing court proceedings is always a last resort. If they had been keen to litigate they would have done it several years ago rather than waiting.

“We are aware the Council has blamed the court action on the increase in tax. Local residents really should be asking the Parish Council why it has got to this stage and why further court hearings are due to be held.”

Robert Largan, MP for High Peak, said: “Chapel residents are being hit with a whopping 86% increase in council tax. Any reasonable person would conclude that the parish council have been completely and utterly incompetent. Residents deserve answers.”

Chapel-en-le-Frith sits within the Peak District and is famed for its 18th-century Church Brow and traditional Market Place which features stocks and an ancient cross.

Peter Leppard, locum parish clerk, said: “The amount of costs is still under negotiation between the parties and, as in any financial negotiation, we won't be commenting on it until an agreed outcome is reached.

“However, whatever the agreed sum turns out to be, we shall have to pay it in the financial year.

“Therefore we have increased the Parish Council's portion of residents' total Council Tax to give us sufficient funds to do that.”

Richard Moriarty

Print page

Comments:

comments powered by Disqus