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A nursery that was at war with a 'outrageous' council that had actually bought to tear down a 6ft fence developed to protect children has won its fight.

Imperial Day Nursery, in Westcliff-on-sea, had released an appeal against Southend Council last year 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 notification was released by the local authority demanding it be ripped down or modified to a maximum height of 3.2 ft within 3 months.

And now, bringing an end to a years-long fight, the nursery has actually been informed 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, moms and dads had revealed their fury at the council, accusing them of prioritising the 'aesthetics of the street' over the security of their children.

But neighbours residing on the domestic street in the seaside suburban area branded the fencing as 'horrible and unattractive' and wanted it torn down.

The nursery first ended up being swallowed up in the planning row in 2022 after a problem was made concerning the structure which was put up without correct planning authorizations in location.

Fences towering 1.83 m high were erected at the Imperial Day Nursery, in Westcliff-on-sea, to enable for children to play beyond public view
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The nursery has won an appeal against Southend Council after it ruled that it must remove or lower the height of the big fence at the front of the residential or commercial property

Imperial Day Nursery then lodged a retrospective preparation application, however the council rejected it, declaring it was 'visually popular and stark' and 'out of keeping' with the surrounding 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 see in which he ruled the fence and other structures might stay intact, EssexLive reported.

He specified in his choice: 'I do not find that either appeal plan appears visually popular, stark or materially out of keeping within the local context.

'No harm is caused to the character and appearance of the site, street scene or area.

'The degree of fencing upon the frontage under both plans is reasonably essential to separate the personal domestic 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 notification quashed and planning application granted.

The expenses choice checks out: 'The Planning Practice Guidance encourages that costs may be awarded versus a party who has actually acted unreasonably and thereby caused the celebration looking for expenses to sustain unnecessary or squandered cost in the appeal process.

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

'Its case, which continued to be pursued in protecting the taking place appeals, was that the appeal advancements substantially harmed the character and appearance of the site, the streetscene and the area more commonly.

'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 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 very same side of Imperial Avenue - does not appear to have actually been thought about at all by the Council in coming to its view.

'There is certainly nothing in the officer reports (on each appeal plan) which refers to 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 declaration without pointing out, thinking about or assessing the very obvious and substantial close-by counterexample was both awry and unreasonable.

'It appears to me that, had the single primary concern in conflict been more appropriately evaluated, there would have been no requirement for the appeals to have been made in the first place which the appellant has been put to unnecessary expense.

'I for that reason discover that unreasonable behaviour resulting in unneeded or wasted cost, as described in the Planning Practice Guidance, has actually been demonstrated which full awards of expenses are warranted in regard of both appeals.'

Speaking with MailOnline outside the nursery, moms and dads had actually previously told of how they felt safer with the structure being in location.

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

They state that prior to its use, complete strangers might easily peer into the 'infant space' at the front of the building, and that the fence likewise permits 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 viewpoint, it keeps kids concealed away from the general public strolling past.

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

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

'New-build schools are being built with fence lines not dissimilar to this, so why are they not enabling this?

'Surely the security of the kids is more crucial than the visual appeals.'

She informed of an occurrence, before the fencing which obstructs the window of the front room was erected, when a postman unintendedly dropped heavy parcels through the window of the infant room.

She included: 'So it's not practically keeping it blocked from people with malicious intentions, it's unintentional things too.

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

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

'Surely safeguarding children and their safety is vital to looks.

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

Another moms and dad had actually echoed the same issues, saying: 'As a teacher myself, I understand the value of securing children, and I wouldn't want the fence to be taken down.

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

'It's a fantastic 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 infant room.

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

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

'Having the fence also indicates they can utilize the outdoor area for kids. I think they have Santa there at Christmas and things like that.'
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She included: 'They do try and make it look as appealing as possible too, so they change it seasonally, so it's all Halloween-themed at the minute.

'I do not think it's an eyesore.'

Southend Council ordered for the fence to be removed or minimized 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 notification for the removal of the fence had specified that the height, layout and 'solid look' of the fence deemed it undesirable for the area.

The decision notification mentioned: 'The development at the website, by reason of its height, layout and extent, and the strong appearance of the fencing within the frontage, appears aesthetically prominent, stark, and materially out of keeping with the normally large setting of the surrounding area, and has resulted in substantial harm to the character and appearance of the website, the streetscene and the location more commonly.'

And now, the Planning Inspectorate's appeal decision mentions that the fence does not appear 'excessive' or 'incongruous' and can remain standing.

Speaking to MailOnline, one neighbour had stated of the advancement: 'It is a bit unsightly. I was amazed they were even permitted to put it up, but ends up they weren't.

'I comprehend why they did it, however planning consent is planning permission and you have to follow it.

'My individual opinion 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 unsightly.'

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

'And the preparation was retrospective as well.'

While the of moms and dads stated the fencing made them feel safer, one moms and dad said the outdoor space is extremely hardly ever used.

She said: 'We're not too troubled in any case. I can comprehend that some of the neighbours do not particularly 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 choose up your kids.

'So, if you were a stranger not part of the nursery, you would have to actually come off the street, stare in a window and be quite apparent about it.

'I know the nursery are saying it's for protecting however when it's just the parents having a quick appearance in to see their children, I do not think that's much of an issue.

'And I've never seen anybody usage that outdoor space. To my understanding, it's not really utilized.'

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

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

'It appears like the council is taking a look at the view of the location and the visual 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 understanding the fence is up.

'It stops people from seeing in and being able to look at the kids.'

A grandmother getting her grandson from the nursery included: 'I believe it's horrible. The fence gives a little bit of safety for the children.

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

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

'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 actually been a very heavy financial concern to bear with no warranty of success.

'Other comparable kids's nurseries treated and experiencing the very same might not have had the resources to survive as we have managed to do.

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

'As both an organization rates and a council tax payer it is very concerning that the council's unreasonable behaviour has cost Southend on Sea City Council taxpayers so a lot. We seriously hope that lessons will be learnt from this judgement progressing and applied accordingly.'

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

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

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