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A nursery that was at war with a 'ridiculous' council that had bought to take down a 6ft fence constructed to secure children has won its fight.

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

An enforcement notification was released by the regional authority requiring 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 been told it can keep its fencing as the Planning Inspectorate decided it was not 'popular' or 'out of keeping' with the character of the city and criticised the council for 'unreasonable' behaviour.

When MailOnline had visited last October, moms and dads had actually expressed their fury at the council, implicating them of prioritising the 'aesthetic appeals of the street' over the safety of their kids.

But neighbours living on the property street in the seaside suburban area branded the fencing as 'horrible and unsightly' and wanted it took down.

The nursery first ended up being swallowed up in the preparation row in 2022 after a complaint was made concerning the structure which was set up without proper preparation consents in location.

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

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

Imperial Day Nursery then lodged a retrospective planning application, however the council declined it, claiming it was 'visually popular 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 actually resulted in a success.

Andrew Walker, a preparing officer within the Planning Inspectorate, reversed the council's decision after a site visit in which he ruled the fence and other structures might remain intact, EssexLive reported.

He mentioned in his decision: 'I do not discover that either appeal plan appears visually prominent, plain or materially out of keeping within the local 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 plans is reasonably required to separate the private domestic section from the commercial nursery section.'

The nursery has actually likewise been given a complete award of costs versus Southend City Council in addition to having the enforcement notification quashed and preparing application given.

The costs choice checks out: 'The Planning Practice Guidance advises that expenses might be granted versus a party who has actually acted unreasonably and consequently triggered the celebration making an application for costs to incur unnecessary or squandered expenditure in the appeal procedure.

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

'Its case, which continued to be pursued in safeguarding the taking place appeals, was that the appeal advancements substantially harmed the character and appearance 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 local presence of the extremely comprehensive and high close-boarded fencing serving the Essex County Bowling Club, with very long sections directly 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 concerning its view.

'There is certainly nothing in the officer reports (on each appeal scheme) 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 statement without pointing out, considering or examining the very obvious and considerable neighboring counterexample was both amiss and unreasonable.

'It seems to me that, had the single main concern in disagreement been more appropriately evaluated, there would have been no need for the interest have actually been made in the first location and that the appellant has been put to unneeded cost.

'I for that reason find that unreasonable behaviour resulting in unnecessary or squandered expenditure, as described in the Planning Practice Guidance, has been demonstrated and that full awards of expenses are warranted in regard of both appeals.'

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

Parents told how they would feel more secure if they fences stayed in location as it obstructs the public from being able to see into the 'baby room' at the front of the building

They state that previous to its use, strangers could into the 'child space' at the front of the building, and that the fence likewise permits children to safely play in the outside location in front of the residential or commercial property.

One mother, Natalie Toby, said: 'I'm a security advisor so from my point of view, it keeps children hidden away from the general public strolling past.

'You can't really see where the front door is unless you go all the way down there, so they're keeping access routes good and tucked away.

'The nursery has been here for thirty years so I do not see why the council are applying the same rules that they would to domestic homes.

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

'Surely the security of the kids is more essential than the aesthetics.'

She told of an occurrence, 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 child space.

She added: 'So it's not practically keeping it blocked from people with harmful objectives, it's unintentional things also.

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

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

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

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

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

'My child goes to this nursery and my oldest simply started school however she went here the entire method through.

'It's a dazzling nursery and they have actually 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 space, you might see her, you would have the ability to wave. But obviously, that's various as a moms and dad than a stranger having the ability to search in.
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'It feels a lot more secure 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 area 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 removed or minimized in height after discovering 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 notification for the removal of the fence had mentioned that the height, layout and 'strong look' of the fence deemed it unacceptable for the area.

The choice notice specified: 'The development at the website, by reason of its height, layout and degree, and the strong appearance of the fencing within the frontage, appears visually popular, stark, and materially out of keeping with the normally roomy setting of the surrounding area, and has actually resulted in substantial damage to the character and look of the site, the streetscene and the location more commonly.'

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

Speaking with MailOnline, one neighbour had said of the advancement: 'It is a bit unattractive. I was astonished they were even allowed to put it up, however ends up they weren't.

'I comprehend why they did it, however preparing approval is preparing consent and you have to abide by it.

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

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

'And the preparation was retrospective also.'

While the majority of moms and dads stated the fencing made them feel safer, one moms and dad said the outside space is very rarely utilized.

She said: 'We're not too troubled either method. I can understand that a few of the neighbours do not particularly like it.

'Before it was up, we were funnelled a different way. So truly you would only see into the infant room if you were queuing to pick up your kids.

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

'I know the nursery are stating it's for securing however when it's just the moms and dads having a glance in to see their children, I do not believe that's much of an issue.

'And I have actually never seen anyone use that outdoor space. To my knowledge, it's not truly used.'

Another parent, however, stated he had promised 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 looks than the security 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 people from seeing in and being able to take a look at the kids.'

A grandma getting her grandson from the nursery included: 'I think it's terrible. The fence offers a bit of safety for the kids.

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

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

'We are thrilled with the result 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 amounting to just over ₤ 35,000 it has been a really heavy monetary problem to bear with no assurance of success.

'Other similar kids's nurseries treated and experiencing the very same may not have had the resources to endure as we have handled to do.

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

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

The council have since acknowledged the Planning Inspectorate's choice.

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

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