A nursery that was at war with a 'outrageous' council that had bought to take down a 6ft fence developed to protect kids has won its fight.
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Imperial Day Nursery, in Westcliff-on-sea, had introduced an appeal versus Southend Council in 2015 after it ruled that it should remove or lower 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 demanding it be ripped down or changed to an optimum height of 3.2 ft within 3 months.

But now, bringing an end to a years-long feud, the nursery has 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 checked out last October, parents had actually revealed their fury at the council, accusing them of prioritising the 'aesthetic appeals of the street' over the security of their kids.

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

The nursery first became engulfed in the preparation row in 2022 after a grievance was made concerning the structure which was put up without proper planning permissions in place.

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

The nursery has actually won an appeal versus Southend Council after it ruled that it needs to get rid of 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, claiming it was 'visually prominent and plain' and 'out of keeping' with the area.

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 visit in which he ruled the fence and other structures might stay undamaged, EssexLive reported.

He stated in his choice: 'I do not discover that either appeal plan appears aesthetically popular, plain or materially out of keeping within the local context.

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

'The degree of fencing upon the frontage under both plans is reasonably essential to separate the private domestic section from the industrial nursery area.'

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

The expenses decision checks out: 'The Planning Practice Guidance recommends that costs may be awarded versus a party who has behaved unreasonably and thereby caused the party getting expenses to incur unneeded or squandered cost in the appeal procedure.

'The Council refused the preparation application and released the subsequent enforcement notification on the basis of a single main problem.

'Its case, which continued to be pursued in defending the taking place appeals, was that the appeal developments substantially hurt the character and look 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 existence of the really comprehensive and high close-boarded fencing serving the Essex County Bowling Club, with long sections straight abutting the highway - rather near the appeal residential or commercial property and on the exact same side of Imperial Avenue - does not appear to have been considered at all by the Council in concerning its view.

'There is certainly absolutely nothing in the officer reports (on each appeal plan) which describes it.

'Indeed, they state that "The streetscene in this part of Imperial Avenue has a strong open character with low front boundary treatments ..." To make that statement without discussing, thinking about or assessing the very apparent and considerable neighboring counterexample was both awry and unreasonable.

'It appears to me that, had the single main problem in disagreement been more properly examined, there would have been no need for the appeals to have actually been made in the first location which the appellant has actually been put to unneeded expense.

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

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

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 'baby room' at the front of the building

They say that prior to its usage, complete strangers might easily peer into the 'infant space' at the front of the structure, and that the fence likewise enables kids to securely play in the outdoor area in front of the residential or commercial property.

One mom, Natalie Toby, stated: 'I'm a security advisor so from my perspective, it keeps kids concealed away from the public strolling past.

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

'The nursery has actually been here for thirty years so I don't see why the council are using the exact same rules that they would to domestic dwellings.

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

'Surely the security of the children is more vital than the aesthetics.'

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

She added: 'So it's not practically keeping it shut off from individuals with destructive objectives, it's unexpected things also.

'They've got vulnerable kids because front space, and having the fence up keeps the infants safe.

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

'Surely securing children and their security is vital to aesthetic appeals.

'I do not want my daughter in a space where individuals can just stroll past and browse.'

Another parent had actually echoed the exact same concerns, saying: 'As an instructor myself, I comprehend the importance 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 but she went here the whole method through.

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

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

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

'It feels a lot much safer now, knowing that no-one can see in or get in easily. It's extremely secure.

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

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

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

Southend Council ordered for the fence to be taken down or minimized 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 actually stated that the height, layout and 'solid appearance' of the fence deemed it undesirable for the location.

The choice notification mentioned: 'The development at the website, by reason of its height, design and degree, and the solid look of the fencing within the frontage, appears visually popular, plain, and materially out of keeping with the usually large setting of the surrounding location, and has led to significant damage to the character and look of the site, the streetscene and the area more commonly.'

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

Talking to MailOnline, one neighbour had stated of the development: 'It is a bit unpleasant. I was amazed they were even permitted to put it up, however turns out they weren't.

'I understand why they did it, however planning permission is planning authorization and you have to abide by it.

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

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

'And the planning was retrospective also.'

While the majority of moms and dads said the fencing made them feel more secure, one moms and dad said the outdoor space is really seldom utilized.

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

'Before it was up, we were funnelled a various method. So actually you would just see into the infant space if you were queuing to select up your kids.

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

'I know the nursery are stating it's for protecting but when it's simply the moms and dads having a glimpse in to see their children, I don't think that's much of a concern.

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

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

He stated: 'I've actually emailed the nursery showing support for their petition.

'It seems like the council is taking a look at the view of the place and the aesthetic appeals than the security of our kids.

'The whole point was to secure the kids.

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

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

A grandmother getting her grand son from the nursery included: 'I believe it's horrible. The fence provides a little bit of safety for the kids.

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

The nursery said: 'Imperial Day Nursery has actually successfully protected itself in its dispute with Southend City Council 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 costs.

; This matter has hung over the nursery for more than 2 years now and with associated expenses amounting to just over ₤ 35,000 it has been a very heavy monetary burden to bear with no guarantee of success.

'Other similar kids's nurseries dealt with and experiencing the exact same might not have had the resources to survive as we have actually handled to do.

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

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

The council have considering that acknowledged the Planning Inspectorate's choice.

Cllr Anne Jones, cabinet member for preparation, housing, and the regional strategy, stated: 'The Council took a well balanced decision, identifying the benefits of the fencing for the nursery, while also acknowledging the harm its prominence caused to local character.

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