Couple with £325K home built just metres from 70mph road win council battle

A couple have won a battle with their local council after they moved into a home built next to a busy dual carriageway.

Jackie McCormack and her husband, James, paid £325,000 for the detached home in Coleshill, Warwickshire in February last year but now find themselves unable to open their windows, reports Coventry Live.

Cars and lorries thunder past at all hours on the 70mph A446 road, which connects Sutton Coldfield to the M42.

With noise and pollution a constant problem, vibrations from vehicles hitting a bump on the road have also made their house shake, causing them to wake up in the night.

Jackie previously told local media: “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 council has since admitted that checks were not carried out correctly after a report from the Ombudsman said they had missed vital steps.

The report said they had 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”, according to BirminghamLive.

Since the release of the report, North Warwickshire Borough Council say they have offered to replace the windows at the property alongside other improvements to reduce noise levels – only to have this rejected by the couple.

The authority claims they have also “gone beyond” what the Ombudsman asked of them by offering to “work” with the couple to resell their home if these didn’t improve the situation.

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.”