A nursery that was at war with a 'absurd' council that had purchased to take down a 6ft fence developed to safeguard kids has actually won its battle.
comcepta.com
Imperial Day Nursery, in Westcliff-on-sea, had released an appeal versus Southend Council in 2015 after it ruled that it should eliminate or minimize the height of a big fence that towers at the front of the residential or commercial property.

An enforcement notice was released by the regional authority requiring it be ripped down or modified to an optimum height of 3.2 feet within 3 months.

Today, bringing an end to a years-long fight, 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 actually gone to last October, moms and dads had actually expressed their fury at the council, accusing them of prioritising the 'looks of the street' over the safety of their kids.

But neighbours surviving on the residential street in the seaside suburban area branded the fencing as 'awful and unsightly' and desired it torn down.

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

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

The nursery has actually won an appeal versus Southend Council after it ruled that it should get rid of or reduce 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 declined it, claiming it was 'visually popular and stark' and 'out of keeping' with the surrounding area.

The nursery then stepped up its battle by appealing the council's enforcement action - which has resulted in a triumph.

Andrew Walker, a planning 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 undamaged, EssexLive reported.

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

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

'The degree of fencing upon the frontage under both schemes is reasonably essential to separate the personal domestic area from the commercial nursery section.'

The nursery has actually also been granted a full award of costs versus Southend City Council in addition to having the enforcement notice quashed and preparing application granted.

The costs decision checks out: 'The Planning Practice Guidance encourages that costs might be granted against a celebration who has behaved unreasonably and consequently caused the celebration getting costs to sustain unneeded or lost expense in the appeal process.

'The Council declined 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 protecting the taking place appeals, was that the appeal developments significantly hurt the character and look of the website, the streetscene and the area more extensively.

'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 regional presence of the really comprehensive and high close-boarded fencing serving the Essex County Bowling Club, with very long sections directly abutting the highway - rather close to the appeal residential or commercial property and on the very same side of Imperial Avenue - does not appear to have been considered at all by the Council in pertaining to its view.

'There is certainly absolutely nothing in the officer reports (on each appeal plan) 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 statement without discussing, thinking about or evaluating the extremely obvious and considerable neighboring counterexample was both amiss and unreasonable.

'It appears to me that, had the single main problem in conflict been more effectively evaluated, there would have been no requirement for the interest have been made in the first location which the appellant has actually been put to unneeded cost.

'I therefore discover that unreasonable behaviour leading to unnecessary or lost expense, as described in the Planning Practice Guidance, has actually been shown and that full awards of expenses are justified in regard of both appeals.'

Talking to MailOnline outside the nursery, parents had actually previously told of how they felt safer with the structure being in place.

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

They state that prior to its use, strangers could quickly peer into the 'child space' at the front of the building, and that the fence likewise enables children to safely 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 children hidden away from the 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 great and hid.

'The nursery has actually been here for 30 years so I don't see why the council are applying the exact same guidelines that they would to domestic houses.

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

'Surely the security of the kids is more crucial than the looks.'

She informed of an occurrence, before the fencing which blocks the window of the front space was erected, 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 malicious objectives, it's unexpected things too.

'They've got vulnerable kids in that front room, and having the fence up keeps the babies safe.

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

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

'I don't want my child in a room where individuals can simply walk past and check out.'

Another parent had actually echoed the same issues, stating: 'As a teacher myself, I the significance of protecting kids, and I wouldn't desire the fence to be removed.

'My child goes to this nursery and my oldest just started school but 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 could see into the infant room.

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

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

'Having the fence also implies they can utilize the outdoor area for kids. I believe they have Santa there at Christmas and stuff like that.'

She added: '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 do not believe it's an eyesore.'

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

The council's enforcement notification for the elimination of the fence had actually specified that the height, design and 'solid look' of the fence considered it unacceptable for the area.

The choice notice specified: 'The advancement at the site, by factor of its height, layout and level, and the strong appearance of the fencing within the frontage, appears visually prominent, plain, and materially out of keeping with the generally roomy setting of the surrounding location, and has actually resulted in significant harm to the character and appearance of the website, the streetscene and the location more commonly.'

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

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

'I understand why they did it, but planning authorization is planning consent and you have to comply with it.

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

Another neighbour echoed the same concerns, stating: 'It's not good, it looks horrible.

'And the planning was retrospective also.'

While most parents stated the fencing made them feel much safer, one moms and dad stated the outside area is really seldom utilized.

She stated: 'We're not too troubled in either case. I can understand that some of the neighbours don't especially like it.

'Before it was up, we were funnelled a various method. So truly you would only see into the child room if you were queuing to get your children.

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

'I know the nursery are saying it's for securing but when it's simply the moms and dads having a quick appearance in to see their children, I don't think that's much of a problem.

'And I have actually never ever seen anybody use that outside area. To my knowledge, it's not actually utilized.'

Another parent, nevertheless, stated he had promised support for the nursery who at the time had a petition going.

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

'It looks like the council is looking at the view of the location and the aesthetics than the security of our kids.

'The entire point was to safeguard the kids.

'I feel a lot more secure leaving my kid here knowing the fence is up.

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

A grandma getting her grand son from the nursery added: 'I believe it's awful. The fence provides a bit of security for the children.

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

The nursery said: 'Imperial Day Nursery has actually effectively safeguarded itself in its disagreement with Southend City Council over the frontage of the residential or commercial property, both Nursery and residential.

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