A DISTRICT judge is set to decide a row about noise from youngsters using a Brockenhurst games area.
The verdict due in December will settle a court hearing this month between Marie and Martin Sampson, who live near the Highwood Road facility, and the organisation which oversees it, Brockenhurst Village Trust.
The Sampsons are seeking an abatement order as they claim they are regularly disturbed by nuisance noise at the multi-use games area – known as a muga. They have made a complaint under section 82 of the Environmental Protection Act 1990.
Mrs Sampson, who has young children, said she wants an acoustic fence put up along the entire boundary of the muga and the facility locked at night.
The trust said it offered to install the barrier on the Sampsons’ boundary provided they fund half the cost, but that had not been taken up.
Opened around two years ago, the muga is next to the existing village hall, Scout hall and playground and used by children’s groups, sports teams and for charity events.
It got off the ground after the community raised £63,000. Depending on the season it closes at either 8pm or 5pm and there is a code of conduct banning swearing.
Southampton Magistrates’ Court confirmed to the A&T that the case was next listed for 1st December when District Judge Anthony Calloway will likely deliver judgement.