A nursery that was at war with a 'ludicrous' council that had bought to tear down a 6ft fence constructed to protect kids has actually won its fight.
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Imperial Day Nursery, in Westcliff-on-sea, had actually launched an appeal versus Southend Council last year after it ruled that it needs to eliminate or reduce the height of a substantial fence that towers at the front of the residential or commercial property.

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

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

When MailOnline had visited last October, parents had revealed their fury at the council, implicating them of prioritising the 'visual appeals of the street' over the security of their children.

But neighbours residing on the residential street in the seaside suburban area branded the fencing as 'horrible and unsightly' and wanted it took down.

The nursery first became swallowed up in the planning row in 2022 after a problem was made relating to the structure which was set up without proper preparation authorizations in place.

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

The nursery has won an appeal versus Southend Council after it ruled that it should remove or decrease the height of the huge fence at the front of the residential or commercial property

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

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

Andrew Walker, a planning officer within the Planning Inspectorate, reversed the council's decision after a site see in which he ruled the fence and other structures could stay intact, EssexLive reported.

He mentioned in his decision: 'I do not find that either appeal plan appears visually popular, plain or materially out of keeping within the local context.

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

'The degree of fencing upon the frontage under both plans is fairly needed to separate the personal domestic area from the commercial nursery area.'

The nursery has likewise been granted a complete award of costs against Southend City Council in addition to having the enforcement notification quashed and preparing application granted.

The costs decision reads: 'The Planning Practice Guidance encourages that costs might be granted versus a party who has actually acted unreasonably and thereby triggered the celebration making an application for costs to incur unneeded or lost cost in the appeal procedure.

'The the preparation application and provided the subsequent enforcement notice on the basis of a single primary problem.

'Its case, which continued to be pursued in protecting the ensuing appeals, was that the appeal developments considerably harmed the character and appearance of the website, the streetscene and the location more widely.

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

'However, the regional presence of the really extensive and high close-boarded fencing serving the Essex County Bowling Club, with long areas directly abutting the highway - quite near the appeal residential or commercial property and on the very same side of Imperial Avenue - does not appear to have actually been considered at all by the Council in coming to its view.

'There is definitely absolutely nothing in the officer reports (on each appeal scheme) which refers to 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 statement without discussing, thinking about or evaluating the very obvious and significant nearby counterexample was both awry and unreasonable.

'It appears to me that, had the single primary issue in conflict been more correctly examined, there would have been no requirement for the attract have actually been made in the very first place and that the appellant has actually been put to unnecessary expense.

'I therefore find that unreasonable behaviour leading to unnecessary or squandered expenditure, as described in the Planning Practice Guidance, has been shown which full awards of expenses are justified in respect of both appeals.'

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

Parents informed how they would feel more secure if they fences remained in place as it blocks the general public from being able to see into the 'child space' at the front of the building

They say that previous to its use, strangers could easily peer into the 'baby space' at the front of the building, which the fence also allows kids to safely play in the outside location in front of the residential or commercial property.

One mom, Natalie Toby, said: 'I'm a security advisor so from my point of view, it keeps children hidden away from the general public walking past.

'You can't truly see where the front door is unless you go all the method down there, so they're keeping gain access to routes nice and stashed.

'The nursery has been here for 30 years so I don't see why the council are applying the same rules that they would to domestic homes.

'New-build schools are being developed with fence lines not different to this, so why are they not permitting this?

'Surely the security of the kids is more crucial than the visual appeals.'

She informed of an incident, before the fencing which blocks the window of the front room was erected, when a postman unintendedly dropped heavy parcels through the window of the infant room.

She added: 'So it's not just about keeping it blocked from individuals with harmful intents, it's accidental things as well.

'They have actually got vulnerable kids because front room, and having the fence up keeps the infants safe.

'It's absurd, I don't comprehend why the council are being so stubborn about it.

'Surely protecting kids and their safety is critical to looks.

'I do not desire my daughter in a space where people can simply walk previous and look through.'

Another moms and dad had actually echoed the exact same issues, stating: 'As an instructor myself, I comprehend the value of protecting children, and I wouldn't desire the fence to be taken down.

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

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

'Prior to it being like this, you might see into the child space.

'When my eldest was in the infant space, you might see her, you would be able to wave. But certainly, that's various as a moms and dad than a stranger being able to search in.

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

'Having the fence also implies they can use the outdoor area for kids. I think they have Santa there at Christmas and stuff like that.'

She included: 'They do attempt and make it look as appealing as possible too, so they alter it seasonally, so it's all Halloween-themed at the moment.

'I do not believe it's an eyesore.'

Southend Council purchased for the fence to be removed or reduced in height after discovering that it was 'materially out of keeping' with the surrounding location. This has been reversed on appeal by the Planning Inspectorate

The council's enforcement notice for the elimination of the fence had stated that the height, design and 'solid look' of the fence deemed it unacceptable for the area.

The choice notice specified: 'The development at the site, by reason of its height, layout and level, and the strong appearance of the fencing within the frontage, appears aesthetically prominent, plain, and materially out of keeping with the typically roomy setting of the surrounding area, and has actually led to significant damage to the character and appearance of the website, the streetscene and the location more widely.'

Today, the Planning Inspectorate's appeal choice states that the fence does not appear 'excessive' or 'incongruous' and can stay standing.

Speaking to MailOnline, one neighbour had said of the advancement: 'It is a bit undesirable. I was amazed they were even allowed to put it up, but turns out they weren't.

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

'My individual opinion is that it is a bit unsightly. It would have bothered me more if I was right next door to it. But even from here, it is unsightly.'

Another neighbour echoed the exact same issues, stating: 'It's not nice, it looks horrible.

'And the preparation was retrospective as well.'

While many parents said the fencing made them feel safer, one moms and dad stated the outdoor area is really hardly ever utilized.

She stated: 'We're not too troubled either way. I can comprehend that some of the neighbours don't particularly like it.

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

'So, if you were a complete stranger not part of the nursery, you would need to actually come off the street, gaze in a window and be quite apparent about it.

'I understand the nursery are stating it's for securing however when it's simply the moms and dads having a quick appearance in to see their kids, I don't believe that's much of a concern.

'And I have actually never seen anyone use that outside space. To my understanding, it's not truly used.'

Another parent, however, stated he had vowed assistance for the nursery who at the time had a petition going.

He stated: 'I've in fact emailed the nursery revealing assistance for their petition.

'It appears like the council is looking at the view of the location and the looks than the safety of our kids.

'The entire point was to protect the kids.

'I feel a lot more secure leaving my kid here understanding the fence is up.

'It stops individuals from seeing in and being able to look at the kids.'

A grandmother getting her grandson from the nursery added: 'I think it's awful. The fence provides a little security for the kids.

'It's really unusual that the council are doing this.'

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

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