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

Imperial Day Nursery, in Westcliff-on-sea, had released an appeal versus Southend Council in 2015 after it ruled that it must 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 requiring it be ripped down or changed to a maximum height of 3.2 feet within three months.

And now, bringing an end to a years-long feud, the nursery has actually 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 city and criticised the council for 'unreasonable' behaviour.

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

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

The nursery initially ended up being swallowed up in the planning row in 2022 after a grievance was made regarding the structure which was put up without correct preparation approvals in location.

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

The nursery has actually won an appeal versus Southend Council after it ruled that it must eliminate or decrease 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 declined it, declaring it was 'visually popular and plain' 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 preparing officer within the Planning Inspectorate, reversed the council's decision after a site visit in which he ruled the fence and other structures could stay intact, EssexLive reported.

He mentioned in his choice: 'I do not discover that either appeal plan appears visually prominent, plain or materially out of keeping within the local context.

'No damage is triggered to the character and appearance of the website, street scene or area.
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'The degree of fencing upon the frontage under both plans is fairly required to separate the private residential section from the commercial nursery area.'

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

The costs choice reads: 'The Planning Practice Guidance encourages that costs may be awarded versus a party who has actually behaved unreasonably and thus triggered the party applying for expenses to sustain unneeded or wasted expense in the appeal process.

'The Council refused the planning application and provided the subsequent enforcement notification on the basis of a single primary issue.

'Its case, which continued to be pursued in defending the taking place appeals, was that the appeal developments considerably damaged the character and look of the site, the streetscene and the location more extensively.

'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 existence of the very extensive and high close-boarded fencing serving the Essex County Bowling Club, with extremely long sections straight abutting the highway - quite close to the appeal residential or commercial property and on the exact same side of Imperial Avenue - does not appear to have been thought about at all by the Council in pertaining to its view.

'There is definitely 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 boundary treatments ..." To make that statement without pointing out, thinking about or evaluating the extremely apparent and considerable close-by counterexample was both amiss and unreasonable.

'It seems to me that, had the single main concern in disagreement been more correctly examined, there would have been no need for the attract have been made in the very first location and that the appellant has actually been put to unneeded expenditure.

'I for that reason find that unreasonable behaviour resulting in unnecessary or wasted expenditure, as described in the Planning Practice Guidance, has been shown which full awards of expenses are warranted in respect of both appeals.'

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

Parents told how they would feel safer if they fences remained in location as it obstructs the public from being able to see into the 'baby room' at the front of the structure

They state that prior to its use, complete strangers could quickly peer into the 'baby space' at the front of the structure, which the fence likewise enables kids to securely play in the outside area in front of the residential or commercial property.

One mother, Natalie Toby, stated: 'I'm a security advisor so from my point of view, 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 access paths nice and stashed.

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

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

'Surely the safety of the kids is more important than the aesthetics.'

She informed of an occurrence, before the fencing which blocks the window of the front space was put up, when a postman unintendedly dropped heavy parcels through the window of the child room.

She added: 'So it's not practically keeping it shut off from people with destructive intents, it's unexpected things also.

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

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

'Surely protecting kids and their safety is paramount to visual appeals.

'I do not want my child in a room where people can simply stroll past and look through.'

Another moms and dad had echoed the exact same issues, stating: 'As a teacher myself, I comprehend the importance of protecting kids, and I wouldn't want the fence to be removed.

'My daughter goes to this nursery and my eldest simply began school however she went here the entire method through.

'It's a dazzling 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 space.

'When my eldest remained in the infant space, you could see her, you would be able to wave. But undoubtedly, that's various as a parent than a stranger being able to look in.

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

'Having the fence likewise means they can use the outdoor space for kids. I think they have Santa there at Christmas and things like that.'

She included: 'They do try and make it look as appealing as possible too, so they alter it seasonally, so it's all Halloween-themed at the moment.

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

Southend Council bought 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 elimination of the fence had specified that the height, layout and 'solid appearance' of the fence considered it unacceptable for the location.

The choice notice specified: 'The development at the website, by factor of its height, layout and extent, and the strong look of the fencing within the frontage, appears visually prominent, plain, and materially out of keeping with the generally large setting of the surrounding area, and has resulted in considerable harm to the character and appearance of the website, the streetscene and the location more commonly.'

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

Talking to MailOnline, one neighbour had said of the development: 'It is a bit unpleasant. I was surprised they were even permitted to put it up, however turns out they weren't.

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

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

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

'And the planning was retrospective also.'

While the majority of parents stated the fencing made them feel more secure, one moms and dad said the outdoor space is really hardly ever used.

She stated: 'We're not too troubled in either case. I can comprehend that a few of the neighbours do not particularly like it.

'Before it was up, we were funnelled a different method. So really you would only see into the baby 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 actually come off the street, stare in a window and be rather apparent about it.

'I understand the nursery are stating it's for securing but when it's just the moms and dads having a peek in to see their children, I do not believe that's much of a concern.

'And I've never ever seen anybody use that outside space. To my understanding, it's not really used.'

Another parent, nevertheless, stated he had actually pledged assistance for the nursery who at the time had a petition going.

He stated: 'I've actually emailed the nursery showing assistance for their petition.

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

'The whole point was to protect the kids.

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

'It stops people from seeing in and having the ability to take a look at the kids.'

A granny selecting up her grand son from the nursery added: 'I believe it's awful. The fence provides a bit of security for the kids.

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

The nursery said: 'Imperial Day Nursery has actually 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 delighted with the outcome of the appeals including our applications for costs.