A nursery that was at war with a 'ridiculous' council that had ordered to take apart a 6ft fence built to protect children has won its fight.
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Imperial Day Nursery, in Westcliff-on-sea, had actually released an appeal versus Southend Council last year after it ruled that it needs to remove or decrease the height of a big fence that towers at the front of the residential or commercial property.

An enforcement notification was released by the regional authority demanding it be ripped down or amended to a maximum height of 3.2 ft within three months.

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

When MailOnline had actually visited last October, parents had actually revealed their fury at the council, accusing them of prioritising the 'aesthetics of the street' over the safety of their children.

But neighbours living on the property street in the seaside suburban area branded the fencing as 'awful and unattractive' and wanted it took apart.

The nursery initially ended up being swallowed up in the planning row in 2022 after a complaint was made relating to the structure which was set up without proper preparation authorizations in place.

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

The nursery has won an appeal against Southend Council after it ruled that it should eliminate or reduce the height of the substantial fence at the front of the residential or commercial property

Imperial Day Nursery then lodged a retrospective planning application, however the council rejected it, claiming it was 'aesthetically popular and plain' and 'out of keeping' with the surrounding area.

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

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

He mentioned in his decision: 'I do not discover that either appeal plan appears aesthetically prominent, 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 schemes is reasonably necessary to separate the private domestic area from the industrial nursery section.'

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

The costs decision checks out: 'The Planning Practice Guidance that expenses might be awarded against a celebration who has actually acted unreasonably and therefore caused the celebration getting costs to sustain unnecessary or lost expense in the appeal procedure.

'The Council declined the preparation application and provided the subsequent enforcement notice on the basis of a single main concern.

'Its case, which continued to be pursued in safeguarding the ensuing appeals, was that the appeal advancements substantially damaged the character and look of the website, the streetscene and the location more extensively.

'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 really extensive and high close-boarded fencing serving the Essex County Bowling Club, with long areas directly abutting the highway - rather close to the appeal residential or commercial property and on the exact 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 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, considering or assessing the extremely apparent and considerable neighboring counterexample was both wrong and unreasonable.

'It appears to me that, had the single primary problem in disagreement been more properly evaluated, there would have been no requirement for the interest have actually been made in the very first location which the appellant has been put to unnecessary cost.

'I therefore discover that unreasonable behaviour leading to unnecessary or lost expense, as described in the Planning Practice Guidance, has actually been shown which complete awards of expenses are warranted in regard of both appeals.'

Speaking with MailOnline outside the nursery, parents had previously informed of how they felt more secure with the structure remaining in location.

Parents told how they would feel safer if they fences stayed in location as it blocks the general public from being able to see into the 'baby room' at the front of the building

They state that previous to its usage, complete strangers might quickly peer into the 'infant space' at the front of the building, and that the fence also permits kids to securely play in the outside area in front of the residential or commercial property.

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

'You can't actually see where the front door is unless you go all the way down there, so they're keeping access routes good and hid.

'The nursery has actually been here for 30 years so I do not see why the council are applying the same guidelines that they would to domestic homes.

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

'Surely the safety of the kids is more crucial than the aesthetic appeals.'

She told of an event, before the fencing which blocks the window of the front room was put up, when a postman unintendedly dropped heavy parcels through the window of the infant room.

She included: 'So it's not practically keeping it closed off from individuals with harmful intents, it's unexpected things too.

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

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

'Surely securing kids and their security is critical to aesthetics.

'I don't desire my child in a room where people can just walk previous and look through.'

Another parent had actually echoed the same concerns, stating: 'As an instructor myself, I comprehend the importance of securing children, and I wouldn't desire the fence to be taken down.

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

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

'Prior to it resembling this, you might see into the infant room.

'When my eldest remained in the infant room, you could see her, you would have the ability to wave. But clearly, that's various as a moms and dad than a complete stranger being able to look in.

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

'Having the fence likewise suggests they can use the outside area for kids. I think they have Santa there at Christmas and stuff like that.'

She added: 'They do try 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 think it's an eyesore.'

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

The council's enforcement notice for the removal of the fence had actually stated that the height, design and 'strong appearance' of the fence deemed it inappropriate for the area.

The decision notice stated: 'The development at the website, by factor of its height, design and extent, and the strong appearance of the fencing within the frontage, appears visually prominent, stark, and materially out of keeping with the generally roomy setting of the surrounding area, and has led to considerable harm to the character and appearance of the site, the streetscene and the location more extensively.'

Today, the Planning Inspectorate's appeal choice specifies that the fence does not appear 'extreme' or 'incongruous' and can remain standing.

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

'I comprehend why they did it, however preparing consent is planning permission and you need to follow it.

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

Another neighbour echoed the very same issues, saying: 'It's not good, it looks awful.

'And the planning was retrospective as well.'

While most moms and dads said the fencing made them feel safer, one moms and dad stated the outdoor space is really seldom utilized.

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

'Before it was up, we were funnelled a different method. So really you would just see into the child room if you were queuing to choose up your kids.

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

'I know the nursery are saying it's for securing however when it's simply the moms and dads having a glance in to see their children, I do not believe that's much of a problem.

'And I have actually never ever seen anybody use that outdoor area. To my understanding, it's not actually used.'

Another parent, however, said he had actually promised assistance for the nursery who at the time had a petition going.

He said: 'I've actually emailed the nursery revealing support for their petition.

'It appears like the council is taking a look at the view of the location and the aesthetic appeals than the safety of our kids.

'The entire point was to protect the kids.

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

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

A grandmother picking up her grand son from the nursery included: 'I think it's terrible. The fence offers a bit of safety for the children.

'It's extremely weird 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 residential.

'We are thrilled with the outcome of the appeals including our applications for expenses.