A couple who bought an "absolutely beautiful" new build just metres away from a busy dual carriageway have won their battle with their local council. Jackie McCormack, and her husband James, bought their £325k detached house in February last year but within a day of moving into the home, say they were disrupted by the constant noise and pollution from the 70mph road.
The couple, who were cruelly trolled over their struggles in the new build, have seen their complaint against the council upheld, BirminghamLive reports . North Warwickshire Borough Council admitted a major planning blunder on the home built just six metres from the A446.
Jackie, 60, had previously questioned how the planners had got permission to build the development "so close to the road" and told of the serious impact the busy carriageway was having on their mental health after purchasing their James Munday Rise home, Coleshill.
READ MORE They deserved better, Greater Manchester deserves better, it must not happen again
Now it has emerged the council failed to properly acknowledge the conditions of the planning permission for their property. The authority 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.
Her 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, the couple said they 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. 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."
Read the latest headlines here.
READ NEXT:
-
Response to Manchester Arena attack was 'all wrong' with 'big mistakes' made, survivor says
-
Manchester Arena attack survivors voice frustration over government inaction
-
Families accuse Arena bomber's brother of showing them 'despicable contempt'
-
Anger of parents of Manchester Arena attack's youngest victim Saffie-Rose Roussos
-
The bomb victim that could have been saved and the failings that shame emergency services
