A nursery that was at war with a 'ridiculous' council that had bought to tear down a 6ft fence developed to protect kids has actually won its fight.
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Imperial Day Nursery, in Westcliff-on-sea, had released an appeal against Southend Council last year after it ruled that it should eliminate or lower the height of a huge fence that towers at the front of the residential or commercial property.

An enforcement notice was released by the regional authority requiring it be ripped down or changed to a maximum height of 3.2 feet within 3 months.

Today, bringing an end to a years-long feud, the nursery has actually been told it can keep its fencing as the Planning Inspectorate decided it was not 'prominent' or 'out of keeping' with the character of the regional area and criticised the council for 'unreasonable' behaviour.

When MailOnline had checked out last October, parents had actually expressed their fury at the council, implicating them of prioritising the 'aesthetics of the street' over the safety of their children.

But neighbours surviving on the property street in the seaside suburb branded the fencing as 'dreadful and unsightly' and desired it took down.

The nursery first became engulfed in the preparation row in 2022 after a grievance was made relating to the structure which was put up without appropriate planning permissions in location.

Fences towering 1.83 m high were put up at the Imperial Day Nursery, in Westcliff-on-sea, to permit for kids to play outside of public view

The nursery has actually won an appeal versus Southend Council after it ruled that it must get rid of or decrease the height of the big fence at the front of the residential or commercial property

Imperial Day Nursery then lodged a retrospective planning application, however the council declined it, claiming it was 'visually popular and stark' and 'out of keeping' with the surrounding location.

The nursery then stepped up its fight by appealing the council's enforcement action - which has actually caused a victory.

Andrew Walker, a preparing officer within the Planning Inspectorate, reversed the council's decision after a website check out in which he ruled the fence and other structures might stay undamaged, EssexLive reported.

He specified in his decision: 'I do not discover that either appeal scheme appears aesthetically popular, stark or materially out of keeping within the regional context.

'No harm is caused to the character and look of the website, street scene or location.

'The degree of fencing upon the frontage under both plans is reasonably needed to separate the private residential area from the industrial nursery area.'

The nursery has likewise been approved a full award of costs against Southend City board in addition to having the enforcement notification quashed and preparing application given.

The costs decision reads: 'The Planning Practice Guidance encourages that expenses may be granted versus a party who has actually behaved unreasonably and consequently triggered the party getting expenses to sustain unnecessary or squandered cost in the appeal process.

'The Council refused the planning application and released the subsequent enforcement notice on the basis of a single primary issue.

'Its case, which continued to be pursued in defending the occurring appeals, was that the appeal advancements considerably harmed the character and appearance of the website, the streetscene and the area more widely.

'I disagree with the Council on this matter of planning judgment. That would not by itself be a basis for a finding of unreasonable behaviour.

'However, the regional existence of the extremely comprehensive and high close-boarded fencing serving the Essex County Bowling Club, with long sections directly abutting the highway - rather close to the appeal residential or commercial property and on the very same side of Imperial Avenue - does not appear to have been thought about at all by the Council in coming to its view.

'There is certainly nothing in the officer reports (on each appeal scheme) which describes it.

'Indeed, they say that "The streetscene in this part of Imperial Avenue has a strong open character with low front border treatments ..." To make that declaration without pointing out, thinking about or evaluating the extremely obvious and substantial close-by counterexample was both awry and unreasonable.

'It seems to me that, had the single main problem in disagreement been more correctly examined, there would have been no need for the appeals to have actually been made in the very first place which the appellant has actually been put to unneeded expenditure.

'I for that reason discover that unreasonable behaviour leading to unnecessary or lost expense, as explained in the Planning Practice Guidance, has actually been shown and that complete awards of expenses are justified in regard of both appeals.'

Speaking with MailOnline outside the nursery, moms and dads had actually previously told of how they felt more secure with the structure being in location.

Parents told how they would feel more secure if they fences stayed in location as it blocks the public from having the ability to see into the 'child room' at the front of the building

They state that previous to its usage, complete strangers might quickly peer into the 'baby space' at the front of the structure, which the fence also allows children to safely play in the outdoor area in front of the residential or commercial property.

One mom, Natalie Toby, said: 'I'm a security consultant so from my perspective, it keeps kids concealed away from the public walking past.

'You can't truly see where the front door is unless you go all the way down there, so they're keeping access routes nice and tucked away.

'The nursery has actually been here for thirty years so I do not see why the council are using the exact same guidelines that they would to domestic homes.

'New-build schools are being constructed with fence lines not dissimilar to this, so why are they not allowing this?

'Surely the safety of the children is more essential than the visual appeals.'

She informed of an event, before the fencing which obstructs the window of the front room was set up, when a postman unintendedly dropped heavy parcels through the window of the baby room.

She included: 'So it's not almost keeping it blocked from individuals with malicious objectives, it's unintentional things as well.

'They have actually got vulnerable kids in that front space, and having the fence up keeps the babies safe.

'It's ludicrous, I do not understand why the council are being so persistent about it.

'Surely securing children and their security is vital to visual appeals.

'I don't desire my child in a space where individuals can simply walk past and browse.'

Another parent had echoed the same concerns, stating: 'As a teacher myself, I understand the importance of protecting children, and I would not want the fence to be taken down.

'My daughter goes to this nursery and my oldest just began school however she went here the whole way through.

'It's a and they've got the finest interest of the kids at heart.

'Prior to it being like this, you could see into the baby room.

'When my eldest remained in the child space, you could see her, you would be able to wave. But obviously, that's different as a parent than a stranger being able to search in.

'It feels a lot much safer now, knowing that no-one can see in or get in quickly. It's really protected.

'Having the fence likewise implies they can utilize the outside area for kids. I believe they have Santa there at Christmas and things like that.'

She added: 'They do try and make it look as attractive as possible too, so they change it seasonally, so it's all Halloween-themed at the moment.

'I don't believe it's an eyesore.'

Southend Council bought for the fence to be taken down or reduced in height after finding that it was 'materially out of keeping' with the surrounding location. This has been overturned on appeal by the Planning Inspectorate

The council's enforcement notification for the elimination of the fence had actually specified that the height, layout and 'strong look' of the fence deemed it inappropriate for the area.

The decision notification stated: 'The advancement at the website, by factor of its height, design and extent, and the strong look of the fencing within the frontage, appears aesthetically popular, plain, and materially out of keeping with the usually spacious setting of the surrounding location, and has actually led to significant harm to the character and look of the website, the streetscene and the area more commonly.'

But now, the Planning Inspectorate's appeal decision states that the fence does not appear 'excessive' or 'incongruous' and can remain standing.

Speaking to MailOnline, one neighbour had actually said of the development: 'It is a bit undesirable. I was surprised they were even enabled to put it up, however ends up they weren't.

'I comprehend why they did it, but preparing consent is preparing approval and you need to abide by it.

'My personal viewpoint is that it is a bit unattractive. It would have troubled me more if I was right next door to it. But even from here, it is unpleasant.'

Another neighbour echoed the very same issues, stating: 'It's not great, it looks terrible.

'And the preparation was retrospective as well.'

While a lot of moms and dads said the fencing made them feel much safer, one parent said the outdoor area is extremely hardly ever utilized.

She stated: 'We're not too bothered either method. I can understand that some of the neighbours don't particularly like it.

'Before it was up, we were funnelled a different method. So actually you would just see into the infant space if you were queuing to get your kids.

'So, if you were a complete stranger not part of the nursery, you would have to really come off the street, look in a window and be rather obvious about it.

'I understand the nursery are saying it's for safeguarding however when it's just the parents having a glimpse in to see their kids, I do not think that's much of a problem.

'And I have actually never seen anybody usage that outside space. To my understanding, it's not truly utilized.'

Another moms and dad, however, said he had actually pledged support for the nursery who at the time had a petition going.

He said: 'I've really emailed the nursery showing support for their petition.

'It looks like the council is taking a look at the view of the location and the aesthetics than the security of our kids.

'The whole point was to safeguard the kids.

'I feel a lot safer leaving my kid here knowing the fence is up.

'It stops people from seeing in and having the ability to look at the kids.'

A granny selecting up her grand son from the nursery included: 'I believe it's dreadful. The fence offers a bit of security for the kids.

'It's extremely strange that the council are doing this.'

The nursery stated: 'Imperial Day Nursery has actually effectively protected itself in its conflict with Southend City Council over the frontage of the residential or commercial property, both Nursery and domestic.

'We are delighted with the outcome of the appeals including our applications for costs.