A nursery that was at war with a 'ludicrous' council that had actually ordered to tear down a 6ft fence built to protect kids has actually won its battle.

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

An enforcement notice was released by the local authority demanding it be ripped down or modified to an optimum height of 3.2 ft within three months.

Now, bringing an end to a years-long feud, the nursery has 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 regional area and criticised the council for 'unreasonable' behaviour.

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

But neighbours surviving on the domestic street in the seaside suburb branded the fencing as 'horrible and unsightly' and wanted it took apart.

The nursery initially became engulfed in the preparation row in 2022 after a complaint was made concerning the structure which was erected without appropriate preparation permissions in place.

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

The nursery has won an appeal versus 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 preparation application, but the council rejected it, claiming it was 'aesthetically prominent and plain' and 'out of keeping' with the surrounding location.

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

Andrew Walker, a planning officer within the Planning Inspectorate, reversed the council's choice after a website visit in which he ruled the fence and other structures could remain intact, EssexLive reported.

He stated in his decision: 'I do not find that either appeal plan appears aesthetically popular, plain or materially out of keeping within the regional 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 reasonably needed to separate the personal residential area from the industrial area.'

The nursery has actually likewise been granted a full award of costs versus Southend City board in addition to having the enforcement notice quashed and planning application approved.

The costs decision reads: 'The Planning Practice Guidance encourages that expenses may be granted against a celebration who has actually behaved unreasonably and consequently triggered the celebration obtaining expenses to incur unneeded or squandered cost in the appeal process.

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

'Its case, which continued to be pursued in defending the occurring appeals, was that the appeal developments substantially harmed the character and appearance of the site, 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 local existence of the really comprehensive and high close-boarded fencing serving the Essex County Bowling Club, with 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 actually been considered at all by the Council in concerning its view.
yaelk.com.au
'There is certainly absolutely nothing in the officer reports (on each appeal scheme) which describes it.

'Indeed, they state that "The streetscene in this part of Imperial Avenue has a strong open character with low front border treatments ..." To make that statement without pointing out, considering or assessing the very apparent and significant close-by counterexample was both amiss and unreasonable.

'It seems to me that, had the single primary problem in conflict been more correctly examined, there would have been no need for the attract have actually been made in the very first place which the appellant has actually been put to unneeded expenditure.

'I therefore find that unreasonable behaviour leading to unneeded or squandered expenditure, as described in the Planning Practice Guidance, has been shown and that complete awards of costs are justified in respect of both appeals.'

Speaking with MailOnline outside the nursery, parents had formerly told of how they felt much safer with the structure remaining in location.

Parents informed how they would feel more secure if they fences stayed in place as it blocks the general public from having the ability to see into the 'baby space' at the front of the structure

They state that prior to its usage, strangers could quickly peer into the 'child room' at the front of the building, and that the fence likewise allows kids to safely play in the outdoor area in front of the residential or commercial property.

One mom, Natalie Toby, stated: 'I'm a security consultant so from my viewpoint, it keeps children hidden away from the general public strolling 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 paths nice and hid.

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

'New-build schools are being developed 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 looks.'

She told of an incident, before the fencing which obstructs the window of the front space was set 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 objectives, it's unexpected things too.

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

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

'Surely protecting children and their security is paramount to aesthetic appeals.

'I don't desire my daughter in a space where individuals can simply walk past and browse.'

Another parent had echoed the exact same issues, saying: 'As an instructor myself, I comprehend the importance of protecting children, and I would not want the fence to be removed.

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

'It's a brilliant nursery and they've got the very 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 infant space, you could see her, you would be able to wave. But undoubtedly, that's various as a moms and dad than a stranger being able to search in.

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

'Having the fence likewise means they can utilize the outside space for kids. I think they have Santa there at Christmas and things 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 moment.

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

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

The council's enforcement notification for the removal of the fence had actually mentioned that the height, layout and 'solid appearance' of the fence deemed it undesirable for the area.

The decision notice stated: 'The development at the site, by factor of its height, design and degree, and the strong look of the fencing within the frontage, appears aesthetically popular, stark, and materially out of keeping with the typically roomy setting of the surrounding area, and has actually led to significant damage to the character and appearance of the website, the streetscene and the location more widely.'

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

Talking to MailOnline, one neighbour had stated of the advancement: 'It is a bit unattractive. I was astonished they were even permitted to put it up, but turns out they weren't.

'I understand why they did it, but preparing consent is preparing consent and you need to comply with it.

'My personal viewpoint is that it is a bit unattractive. 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, stating: 'It's not great, it looks horrible.

'And the preparation was retrospective too.'

While many parents said the fencing made them feel much safer, one moms and dad stated the outside area is extremely rarely used.

She stated: 'We're not too bothered in either case. I can comprehend that some 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 baby space if you were queuing to get your kids.

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

'I know the nursery are saying it's for securing however when it's simply the moms and dads having a peek in to see their kids, I don't think that's much of a concern.

'And I have actually never seen anybody usage that outside space. To my understanding, it's not truly utilized.'

Another moms and dad, however, stated he had pledged support for the nursery who at the time had a petition going.

He said: 'I've in fact emailed the nursery revealing assistance for their petition.

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

'The entire point was to secure the kids.

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

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

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

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

The nursery said: 'Imperial Day Nursery has effectively defended itself in its dispute with Southend City board over the frontage of the residential or commercial property, both Nursery and domestic.

'We are thrilled with the result of the appeals including our applications for costs.