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A nursery that was at war with a 'ridiculous' council that had bought to take apart a 6ft fence constructed to secure kids has won its fight.
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Imperial Day Nursery, in Westcliff-on-sea, had actually introduced an appeal versus Southend Council last year after it ruled that it must remove or minimize the height of a substantial fence that towers at the front of the residential or commercial property.

An enforcement notice was provided by the local authority demanding it be ripped down or changed to an optimum height of 3.2 feet within 3 months.

Now, bringing an end to a years-long fight, the nursery has actually 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 actually visited last October, parents had revealed their fury at the council, accusing them of prioritising the 'aesthetics of the street' over the safety of their kids.

But neighbours residing on the domestic street in the seaside suburban area branded the fencing as 'dreadful and unpleasant' and desired it took down.

The nursery first ended up being engulfed in the preparation row in 2022 after a problem was made regarding the structure which was put up without correct planning permissions in place.

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

The nursery has won an appeal against Southend Council after it ruled that it should eliminate 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, however the council rejected it, declaring it was 'visually popular and stark' and 'out of keeping' with the surrounding location.

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

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

He mentioned in his decision: 'I do not discover that either appeal scheme appears aesthetically popular, plain or materially out of keeping within the regional context.

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

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

The nursery has likewise been given a full award of expenses versus Southend City board in addition to having the enforcement notification quashed and planning application granted.

The expenses decision checks out: 'The Planning Practice Guidance encourages that costs may be a party who has actually acted unreasonably and thereby caused the celebration getting expenses to sustain unneeded or lost cost in the appeal procedure.

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

'Its case, which continued to be pursued in safeguarding the taking place appeals, was that the appeal advancements significantly damaged the character and look of the site, the streetscene and the location 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 extremely extensive 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 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 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 mentioning, thinking about or examining the extremely obvious and substantial nearby counterexample was both awry and unreasonable.

'It appears to me that, had the single primary concern in disagreement been more appropriately assessed, there would have been no need for the interest have actually been made in the very first place which the appellant has actually been put to unneeded cost.

'I therefore find that unreasonable behaviour leading to unnecessary or squandered cost, as explained in the Planning Practice Guidance, has been shown and that full awards of costs are warranted in regard of both appeals.'

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

Parents informed how they would feel more secure if they fences remained in location as it blocks the general public from having the ability to see into the 'infant room' at the front of the building

They state that previous to its use, strangers might quickly peer into the 'infant space' at the front of the building, and that the fence likewise enables children to safely play in the outdoor location in front of the residential or commercial property.

One mother, Natalie Toby, said: 'I'm a security advisor so from my viewpoint, it keeps children concealed away from the general 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 paths good 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 permitting this?

'Surely the security of the children is more vital than the visual appeals.'

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

She included: 'So it's not almost keeping it closed off from individuals with harmful objectives, it's unintentional things also.

'They have actually got vulnerable kids because front room, and having the fence up keeps the babies safe.

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

'Surely safeguarding kids and their security is critical to aesthetic appeals.

'I don't want my daughter in a room where individuals can simply walk previous and look through.'

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

'My daughter goes to this nursery and my oldest just began school however she went here the entire method 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 baby space.

'When my eldest remained in the child room, you might see her, you would have the ability to wave. But obviously, that's different as a parent than a stranger having the ability to look in.

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

'Having the fence likewise means they can utilize the outside space for kids. I believe 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 alter it seasonally, so it's all Halloween-themed at the moment.

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

Southend Council purchased for the fence to be removed or minimized in height after finding 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 specified that the height, design and 'solid look' of the fence deemed it unacceptable for the location.

The decision notification specified: 'The advancement at the website, by factor of its height, layout and level, and the strong look of the fencing within the frontage, appears aesthetically popular, stark, and materially out of keeping with the usually spacious setting of the surrounding area, and has led to considerable damage to the character and look of the website, the streetscene and the location more extensively.'

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

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

'I understand why they did it, however preparing authorization is preparing consent and you have to follow it.

'My personal viewpoint is that it is a bit unattractive. It would have troubled me more if I was best next door to it. But even from here, it is unsightly.'

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

'And the preparation was retrospective too.'

While the majority of moms and dads stated the fencing made them feel much safer, one parent said the outdoor space is really rarely utilized.

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

'Before it was up, we were funnelled a different way. So really you would just see into the infant 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 stating it's for securing but when it's just the moms and dads having a glimpse in to see their children, I don't think that's much of a problem.

'And I've never ever seen anyone use that outside area. To my understanding, it's not actually used.'

Another moms and dad, however, said he had vowed 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 appears like the council is looking at the view of the location and the aesthetics than the safety of our kids.

'The entire point was to safeguard 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 look at the kids.'

A grandmother choosing up her grandson from the nursery included: 'I think it's awful. The fence provides a little bit of security for the kids.

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

The nursery stated: 'Imperial Day Nursery has actually effectively safeguarded itself in its conflict 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.

; 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 an extremely heavy monetary problem to bear with no warranty of success.

'Other comparable kids's nurseries dealt with and experiencing the exact same might not have had the resources to endure as we have managed to do.

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

'As both a business rates and a council tax payer it is exceptionally worrying that the council's unreasonable behaviour has actually cost Southend on Sea City Council taxpayers so a lot. We genuinely hope that lessons will be gained from this judgement progressing and applied accordingly.'

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

Cllr Anne Jones, cabinet member for preparation, housing, and the regional strategy, said: 'The Council took a well balanced choice, recognising the advantages of the fencing for the nursery, while likewise acknowledging the damage its prominence triggered to regional character.

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