A couple have have finally won their battle against a local council after their home was built next door to a busy dual carriageway.
Just metres away from the 70mph road, Jackie McCormack and her husband, James, had been shocked when they bought the home after discovering the extent of the noise and pollution.
Purchasing the property in February 2021, the detached home next to the A446 in Warwickshire had cost the family £325,000, and was supposed to be their dream home. However, the couple had quickly complained to the council after finding cars and lorries would thunder past their garden at all hours.
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Seriously concerned, Jackie had questioned how the entire development was given planning permission, with the council now admitting that checks were 'not carried out properly'.
It 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”, a Housing Ombudsman report said, BirminghamLive reported.
Mrs McCormack previously said a bumpon the road also causes their house to shake. She said: "When juggernauts pass over it the whole house vibrates. We have earplugs in the nighttime 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."
The watchdog upheld the complaint, saying that the couple had suffered harm to their quality of life and mental health. As well as noise, the pollution means they are unable to open their windows. The report said 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.”
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.
Following the Ombudsman’s report, 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.”
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