A nursery that was at war with a 'absurd' council that had purchased to take down a 6ft fence developed to secure kids has won its battle.

Imperial Day Nursery, in Westcliff-on-sea, had actually released an appeal versus Southend Council in 2015 after it ruled that it should remove or decrease the height of a substantial 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 amended 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 informed it can keep its fencing as the Planning Inspectorate decided it was not 'prominent' or 'out of keeping' with the character of the area and criticised the council for 'unreasonable' behaviour.

When MailOnline had checked out last October, parents had expressed their fury at the council, accusing them of prioritising the 'looks of the street' over the security of their children.

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

The nursery first ended up being engulfed in the planning row in 2022 after a problem was made relating to the structure which was set up without proper planning authorizations in location.

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

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

Imperial Day Nursery then lodged a retrospective preparation application, but the council declined it, declaring it was 'visually popular and stark' and 'out of keeping' with the surrounding area.
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The nursery then stepped up its battle 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 decision after a site see in which he ruled the fence and other structures could remain undamaged, EssexLive reported.

He stated in his choice: '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 appearance of the website, street scene or area.

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

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

The expenses choice checks out: 'The Planning Practice Guidance recommends that expenses might be awarded against a party who has actually behaved unreasonably and thus caused the party using for expenses to sustain unnecessary or lost cost in the appeal process.

'The Council declined the preparation application and issued the subsequent enforcement notification on the basis of a single primary concern.

'Its case, which continued to be pursued in protecting the occurring appeals, was that the appeal developments considerably damaged the character and appearance of the website, the streetscene and the area 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 substantial and high close-boarded fencing serving the Essex County Bowling Club, with long areas straight 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 actually been considered at all by the Council in concerning its view.

'There is certainly 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, thinking about or examining the really obvious and considerable neighboring counterexample was both amiss and unreasonable.

'It seems to me that, had the single main issue in dispute been more correctly assessed, there would have been no need for the attract have been made in the first location and that the appellant has been put to unnecessary expenditure.

'I for that reason discover that unreasonable behaviour resulting in unnecessary or lost cost, as described in the Planning Practice Guidance, has been demonstrated which full awards of expenses are justified in respect of both appeals.'

Speaking to MailOnline outside the nursery, parents had formerly informed of how they felt safer with the structure remaining in place.

Parents informed how they would feel much safer if they fences stayed in location as it obstructs the general public from having the ability to see into the 'baby room' at the front of the building

They state that prior to its use, strangers could quickly peer into the 'child room' at the front of the building, and that the fence likewise permits children 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 viewpoint, it keeps children hidden away from the 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 tucked away.

'The nursery has been here for thirty years so I do not see why the council are using the 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 allowing this?

'Surely the safety of the children is more crucial than the aesthetics.'

She informed of an incident, before the fencing which blocks 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 simply about keeping it blocked from individuals with harmful intents, it's accidental things too.

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

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

'Surely securing kids and their safety is critical to visual appeals.

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

Another parent had actually echoed the very same issues, stating: 'As an instructor myself, I understand the value of protecting kids, and I wouldn't desire the fence to be taken down.

'My child goes to this nursery and my oldest just began school but she went here the entire way through.

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

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

'When my eldest remained in the infant room, you could see her, you would have the ability to wave. But obviously, that's various 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 extremely secure.

'Having the fence likewise means they can utilize the outdoor space for kids. I think they have Santa there at Christmas and stuff like that.'

She included: '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 reduced in height after finding that it was 'materially out of keeping' with the surrounding location. This has actually been reversed on appeal by the Planning Inspectorate

The council's enforcement notice for the elimination of the fence had stated that the height, layout and 'strong look' of the fence deemed it undesirable for the area.

The decision notification stated: 'The advancement at the site, by reason of its height, design and level, and the strong look of the fencing within the frontage, appears visually prominent, stark, and materially out of keeping with the typically large setting of the surrounding location, and has resulted in substantial damage to the character and appearance of the site, the streetscene and the location more extensively.'

Now, the Planning Inspectorate's appeal decision specifies that the fence does not appear 'excessive' or 'incongruous' and can stay standing.
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Talking to MailOnline, one neighbour had actually said of the development: 'It is a bit undesirable. I was impressed they were even allowed to put it up, but ends up they weren't.

'I comprehend why they did it, but planning consent is planning permission and you have to comply with it.

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

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

'And the preparation was retrospective too.'

While the majority of parents said the fencing made them feel much safer, one moms and dad stated the outside area is really seldom used.

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

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

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

'I know the nursery are saying it's for securing but 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 area. To my knowledge, it's not actually utilized.'

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

He stated: 'I've actually emailed the nursery revealing assistance for their .

'It looks 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 knowing the fence is up.

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

A grandma choosing up her grand son from the nursery added: 'I think it's terrible. The fence gives a little bit of safety for the kids.

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

The nursery stated: 'Imperial Day Nursery has 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 outcome of the appeals including our applications for expenses.