Couple who bought home metres from 70mph road win battle with council

Pair left unable to open their windows and constantly hearing lorries thundering past
A Warwickshire couple has won a battle with their local council over their home which was built within meters of a very busy dual carriageway. Jackie McCormack and her husband, James, bought the detached home in James Munday Rise, Coleshill, in February last year – and quickly discovered to their horror how bad the noise and pollution was.

The pair who paid £325,000 for their dream home discovered that cars and lorries were thundering past at all hours on the 70mph A446 road which connects Sutton Coldfield to the M42 via The Belfry golf course. The couple have since complained to North Warwickshire Borough Council about the development, questioning how it could have got through planning.

Now the council has admitted 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.
Pictured Jackie McCormack at her home in James Munday Rise, Coleshill, who has just recently bought her detached house, but has now realised the heavy goods lorries passing by on the A446 where the is a 70mph speed limit. The lorries are making the house shake when they speed past.

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