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

Imperial Day Nursery, in Westcliff-on-sea, had released an appeal against Southend Council in 2015 after it ruled that it needs to eliminate or reduce the height of a big fence that towers at the front of the residential or commercial property.
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An enforcement notification was released by the local authority requiring it be ripped down or modified to an optimum height of 3.2 feet within three months.

And now, bringing an end to a years-long feud, 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 city and criticised the council for 'unreasonable' behaviour.

When MailOnline had actually visited last October, moms and dads had expressed their fury at the council, accusing them of prioritising the 'aesthetic appeals of the street' over the safety of their kids.

But neighbours living on the residential street in the seaside suburb branded the fencing as 'horrible and unpleasant' and wanted it took apart.

The nursery first became swallowed up in the planning row in 2022 after a complaint was made concerning the structure which was erected without appropriate planning authorizations in place.

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

The nursery has actually won an appeal against Southend Council after it ruled that it needs to get rid of or decrease 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 declined it, claiming it was 'aesthetically prominent 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 resulted in a victory.

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

He specified in his decision: 'I do not find 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 website, street scene or area.

'The degree of fencing upon the frontage under both schemes is fairly essential to separate the personal domestic area from the business nursery section.'

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

The costs decision checks out: 'The Planning Practice Guidance advises that costs may be awarded versus a party who has actually acted unreasonably and consequently triggered the celebration requesting costs to incur unneeded or wasted expense in the appeal procedure.

'The Council refused 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 developments considerably harmed the character and appearance of the website, the streetscene and the location more commonly.

'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 extensive and high close-boarded fencing serving the Essex County Bowling Club, with long sections straight abutting the highway - quite close to the appeal residential or commercial property and on the same side of Imperial Avenue - does not appear to have been considered 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 limit treatments ..." To make that statement without discussing, considering or evaluating the really apparent and significant neighboring counterexample was both wrong and unreasonable.

'It appears to me that, had the single primary concern in disagreement been more properly evaluated, there would have been no requirement for the appeals to have been made in the very first location and that the appellant has actually been put to unneeded expenditure.

'I for that reason 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.'

Talking to MailOnline outside the nursery, moms and dads had actually formerly informed of how they felt much safer with the structure being in location.

Parents informed how they would feel much safer if they fences remained in place as it blocks the public from having the ability to see into the 'infant space' at the front of the building

They state that prior to its usage, complete strangers could easily peer into the 'child space' at the front of the building, which the fence likewise enables kids to securely play in the outdoor location 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 kids hidden away from the public walking past.

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

'The nursery has been here for 30 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 built with fence lines not different to this, so why are they not enabling this?

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

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

She added: 'So it's not almost keeping it blocked from individuals with harmful intents, it's unexpected things also.

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

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

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

'I do not want my child in a room where people can just walk past and browse.'

Another parent had actually echoed the same issues, saying: 'As a teacher myself, I understand the importance of safeguarding kids, and I would not desire the fence to be taken down.

'My child goes to this nursery and my eldest simply began school but she went here the entire method through.

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

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

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

'It feels a lot more secure now, understanding that no-one can see in or get in quickly. It's extremely safe.

'Having the fence also means they can utilize the outside area for kids. I believe they have Santa there at Christmas and stuff 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 minute.

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

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

The council's enforcement notice for the elimination of the fence had actually specified that the height, design and 'strong look' of the fence considered it undesirable for the location.

The decision notice mentioned: 'The advancement at the website, by factor of its height, layout and extent, and the solid appearance of the fencing within the frontage, appears aesthetically prominent, plain, and materially out of keeping with the usually large setting of the surrounding location, and has actually led to substantial harm to the character and appearance of the website, the streetscene and the location more commonly.'

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

Talking to MailOnline, one neighbour had stated of the development: 'It is a bit undesirable. I was astonished they were even enabled to put it up, but ends up they weren't.

'I understand why they did it, but preparing consent is planning authorization and you need to abide by it.

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

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

'And the preparation was retrospective too.'

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

She said: 'We're not too bothered in any case. I can comprehend that some of the neighbours do not especially like it.

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

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

'I know the nursery are stating it's for protecting but when it's simply the moms and dads having a fast look in to see their children, I do not think that's much of a problem.

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

Another moms and dad, however, stated he had promised support 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 place and the looks than the security of our kids.

'The entire point was to safeguard the kids.

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

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

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

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

The nursery stated: '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 domestic.

'We are delighted with the result 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 amounting to simply over ₤ 35,000 it has actually been a really heavy monetary problem to bear with no guarantee of success.

'Other comparable children's nurseries dealt with and experiencing the same might not have had the resources to make it through as we have actually managed to do.

'We feel that our method has actually been fully vindicated by the appeals inspector.

'As both a company rates and a council tax payer it is exceptionally worrying that the council's unreasonable behaviour has cost Southend on Sea City Council taxpayers so dearly. We seriously hope that lessons will be gained from this judgement moving forward and applied accordingly.'

The council have given that acknowledged the Planning Inspectorate's decision.

Cllr Anne Jones, cabinet member for planning, housing, and the regional strategy, stated: 'The Council took a balanced decision, acknowledging the advantages of the fencing for the nursery, while likewise acknowledging the damage its prominence caused to local character.

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