A nursery that was at war with a 'outrageous' council that had actually bought to take apart a 6ft fence constructed to safeguard kids has won its battle.

Imperial Day Nursery, in Westcliff-on-sea, had introduced an appeal versus Southend Council last year after it ruled that it must get rid of or lower the height of a big fence that towers at the front of the residential or commercial property.

An enforcement notification was issued by the local authority demanding it be ripped down or amended to an optimum height of 3.2 feet within 3 months.

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

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

But neighbours surviving on the property street in the seaside suburban area branded the fencing as 'awful and unsightly' and wanted it torn down.

The nursery first ended up being engulfed in the preparation row in 2022 after a grievance was made concerning the structure which was set up without correct preparation consents in place.

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

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

Imperial Day Nursery then lodged a retrospective preparation application, but the council rejected it, declaring it was 'aesthetically prominent 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 actually led to a success.

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

He stated in his decision: 'I do not find that either appeal plan appears aesthetically prominent, stark or materially out of keeping within the regional context.

'No damage is triggered to the character and appearance of the website, street scene or location.

'The degree of fencing upon the under both plans is fairly required to separate the personal property area from the business nursery section.'

The nursery has actually likewise been approved a complete award of expenses against Southend City Council in addition to having the enforcement notification quashed and planning application given.

The costs choice checks out: 'The Planning Practice Guidance advises that costs may be granted against a celebration who has behaved unreasonably and therefore triggered the celebration using for costs to incur unneeded or wasted expense in the appeal process.

'The Council refused the planning application and issued the subsequent enforcement notice on the basis of a single main problem.

'Its case, which continued to be pursued in safeguarding the occurring appeals, was that the appeal advancements significantly damaged the character and look of the website, the streetscene and the location 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 very comprehensive and high close-boarded fencing serving the Essex County Bowling Club, with very long areas straight abutting the highway - quite near the appeal residential or commercial property and on the same side of Imperial Avenue - does not appear to have been thought about at all by the Council in pertaining 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 statement without mentioning, thinking about or evaluating the very apparent and significant neighboring counterexample was both wrong and unreasonable.

'It seems to me that, had the single main issue in dispute been more correctly evaluated, there would have been no requirement for the interest have actually been made in the first place which the appellant has been put to unneeded expense.

'I for that reason discover that unreasonable behaviour leading to unnecessary or lost expenditure, as described in the Planning Practice Guidance, has actually been shown which complete awards of costs are justified in respect of both appeals.'

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

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

They state that prior to its usage, complete strangers might quickly peer into the 'baby space' at the front of the building, which the fence also enables kids to safely play in the outside area in front of the residential or commercial property.

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

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

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

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

'Surely the safety of the children is more vital than the looks.'

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

She included: 'So it's not almost keeping it shut off from individuals with malicious intentions, it's unexpected things too.

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

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

'Surely securing kids and their security is paramount to visual appeals.

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

Another moms and dad had actually echoed the very same concerns, saying: 'As a teacher myself, I comprehend the significance of safeguarding kids, and I would not desire the fence to be taken down.

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

'It's a brilliant nursery and they have actually got the best interest of the kids at heart.

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

'When my eldest remained in the infant space, you might see her, you would have the ability to wave. But clearly, that's different as a parent than a stranger being able to look in.

'It feels a lot safer now, understanding that no-one can see in or get in easily. It's very safe and secure.

'Having the fence also implies they can utilize the outside space for kids. I believe 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 ordered for the fence to be removed or decreased in height after discovering that it was 'materially out of keeping' with the surrounding area. This has actually been reversed on appeal by the Planning Inspectorate

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

The decision notice stated: 'The development at the site, by reason of its height, design and extent, and the strong look of the fencing within the frontage, appears visually prominent, stark, and materially out of keeping with the typically roomy setting of the surrounding location, and has actually led to substantial damage to the character and appearance of the website, the streetscene and the area more commonly.'

Today, the Planning Inspectorate's appeal choice mentions 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 unattractive. I was surprised they were even enabled to put it up, but turns out they weren't.

'I understand why they did it, however preparing consent is planning permission and you have to comply with it.

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

Another neighbour echoed the very same concerns, stating: 'It's not good, it looks dreadful.

'And the preparation was retrospective as well.'

While most parents stated the fencing made them feel much safer, one moms and dad said the outside area is very hardly ever used.

She said: 'We're not too bothered in either case. I can comprehend that a few of the neighbours don't particularly like it.

'Before it was up, we were funnelled a various method. So truly you would only see into the infant room if you were queuing to get your children.

'So, if you were a 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 know the nursery are saying it's for protecting however when it's simply the moms and dads having a glimpse in to see their kids, I do not believe that's much of a concern.

'And I have actually never ever seen anyone usage that outdoor area. To my knowledge, it's not actually utilized.'

Another moms and dad, however, said he had promised assistance for the nursery who at the time had a petition going.

He stated: 'I've really emailed the nursery revealing support for their petition.

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

'The whole point was to protect the kids.

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

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

A granny getting her grandson from the nursery included: 'I think it's dreadful. The fence gives a little bit of security for the children.

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

The nursery said: 'Imperial Day Nursery has actually successfully protected itself in its disagreement with Southend City board over the frontage of the residential or commercial property, both Nursery and property.

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

; This matter has actually hung over the nursery for more than 2 years now and with associated costs totaling up to simply over ₤ 35,000 it has been a very heavy financial burden to bear with no warranty of success.

'Other similar kids's nurseries treated and experiencing the same may not have had the resources to survive as we have actually managed to do.

'We feel that our approach has been totally vindicated by the appeals inspector.

'As both a company rates and a council tax payer it is incredibly worrying that the council's unreasonable behaviour has cost Southend on Sea City Council taxpayers so a lot. We best regards hope that lessons will be gained from this judgement progressing and used accordingly.'

The council have since acknowledged the Planning Inspectorate's choice.

Cllr Anne Jones, cabinet member for planning, housing, and the regional plan, said: 'The Council took a balanced decision, identifying the advantages of the fencing for the nursery, while also acknowledging the damage its prominence triggered to regional character.

'We respect that the Planning Inspectorate reached a various view on where that balance ought to lie.'
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