A couple have come out victorious over a council in a battle over noise pollution after they purchased a house next to a busy dual carriageway. Jackie McCormack and her husband James, splashed £325k on their new dream home in Warwickshire last year but claim they are now unable to open their windows due to noise pollution, reports Coventry Live.
The busy dual carriageway sees traffic thunder past the couples' home at all times both day and night on the route that connects Sutton Coldfield to the M42. They say the sheer amount of cars and lorries on the 70mph A446 road means that pollution and noise is ever present in the area.
Jackie claims the whole house 'vibrates' when vehicles hit bumps in the road near the property, often waking her up in the middle of the night. She says that the property was built 'too close' to the road and someone needs to step up and take the blame.
Jackie said: "When juggernauts pass over it the whole house vibrates. We have earplugs in the night time but the thud wakes you up. It’s shocking but no-one wants to take responsibility.
"The house has been built too close. Anyone who thinks I’m exaggerating can come and see for themselves."
Jackie complained to North Warwickshire Borough Council about the property questioning how it could have ever got through planning. Following her complaint and a damning report from a Housing Ombudsman the council have since admitted that the checks were not carried out properly.
The report from the ombudsman found the council discharged the conditions around noise and contamination “without seeing a noise assessment report, 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”
The report continued stating that the council: “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.”
Since the report was released, North Warwickshire Borough Council claim that they have offered to replace the windows at the house alongside making other adjustments to reduce noise levels. However, they allege these improvements rejected by the couple.
The local authority also claim they have "gone beyond" the Ombudsman recommendations by offering to "work" with the couple to resell their home if the changes didn't improve the situation.
A statement from the North Warwickshire Borough Council said: "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."
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