A couple who were cruelly trolled after moving into a "nightmare" home just metres away from a busy dual carriageway have won a battle with their local council. Jackie and James McCormack bought their detached three-bed home in Coleshill, Warwickshire, in February last year.
But the joy of their new £325,000 dream home was shortlived - as they quickly realised they would have to deal with constant noise, the rumbling of hundreds of vehicles and pollution from the 70mph A446, which is just six metres away from their home.
The busy A-road connects Sutton Coldfield to the M42 and constantly has cars and lorries thundering down it, past the McCormacks' home in James Munday Rise. The couple have been tormented by the traffic and the pollution that comes with it since they moved in, with Jackie, 60, complaining that their house shakes as vehicles rumble past and that they have to wear earplugs to bed as the traffic starts up at 5.30am.
Jackie was also having to wash their windows three or four times a week because of the dust, said her garden was a "no-go area" for her young grandson because of the proximity to vehicles and said the road suffered with "boy racers" speeding up and down at all times of the night.
The exasperated pair were mercilessly trolled online after complaining about their situation, with some people lacking sympathy as they "should have known" the road would be busy before agreeing the buy the house. However, it has now emerged North Warwickshire Borough Council committed a major blunder, as they failed to properly acknowledge the conditions of the planning permission for the couple's property, BirminghamLive reports.
After complaining to the Housing Ombudsman, a report has revealed the council discharged the conditions around contamination and noise - without even seeing a noise assessment report. It also revealed the authority "failed to show why it decided the applicant did not need to supply one, failed to show the evidence it considered and based its decision on, or gave reasons".
Their complaint was upheld, with the Ombudsman highlighting that Mrs McCormack's "quality of life and mental health have suffered" as a result of the council's mistake. The grandma, who has been fighting for 17 months, has also "suffered financially" after forking out for a noise impact assessment, alongside legal advice.
Alongside the noise from passing traffic, likened to a rock concert, the couple cannot open the windows for ventilation. Trickle vents installed in the windows "do not ventilate the rooms properly when the windows are closed", the report continued.
It added: "It failed to show it properly considered the ability of the glazing, the ventilation system, and garden screening to protect the property from excessive noise. The agreed action remedies the injustice caused."
The council accepted shortcomings in the way it dealt with the planning application and recognised the impact this had on the McCormack's "amenities". The report said it also recognised the "consequences of the fault" may have affected other residents living in the development.
In line with the Ombudsman's remedies, North Warwickshire Borough Council offered to replace the windows - alongside other works - in a bid to resolve the issues. It said it had "gone beyond" what the Ombudsman asked of them as it also "offered to work" with the couple to resell their home - if the works did not reduce the noise.
Their second claim, however, about contaminated land at the property was thrown out, it has also been revealed. The couple has also refused permission for the council to work to help reduce the road noise.
A statement from the authority read: "The Council has admitted that the noise condition was not discharged properly and apologised to Mr and Mrs McCormack last year. The Council has offered to implement the works that would have been required via the noise condition at its own expense however Mr and Mrs McCormack have refused permission for this to happen.
"That offer was made many months ago and the works would have been completed by now had permission been granted. Despite the initial mistake, the Ombudsman has commended the Council on its work to rectify the mistake, and also dismissed Mr and Mrs McCormack’s further complaint regarding land contamination.
"The council believes Mr and Mrs McCormack have complained to their solicitors regarding why this was not picked up prior to their purchase of the property.
"The council has gone beyond what the Ombudsman has asked them to do by offering to work with Mr and Mrs McCormack on the resale of their property should they no longer wish to live there once the works to reduce the noise issues have been completed."
