Nursery Wins Fight Versus 'Ridiculous' Council Over 6ft Fence

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

Imperial Day Nursery, in Westcliff-on-sea, had released an appeal against Southend Council in 2015 after it ruled that it must remove or decrease 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 modified to an optimum height of 3.2 feet within 3 months.

Today, 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 '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, parents had expressed their fury at the council, accusing them of prioritising the 'looks of the street' over the security of their children.

But neighbours surviving on the property street in the seaside residential area branded the fencing as 'terrible and unsightly' and desired it took down.

The nursery first ended up being swallowed up in the preparation row in 2022 after a problem was made relating to the structure which was set up without proper planning permissions in location.

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

The nursery has won an appeal versus Southend Council after it ruled that it needs to remove or reduce the height of the huge fence at the front of the residential or commercial property

Imperial Day Nursery then lodged a retrospective planning application, however the council declined it, declaring it was 'visually prominent 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 resulted in a victory.

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

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

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

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

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

The costs decision reads: 'The Planning Practice Guidance recommends that costs may be granted against a party who has actually acted unreasonably and thereby triggered the celebration making an application for expenses to sustain unneeded or wasted expenditure in the appeal procedure.

'The Council declined the planning application and issued the subsequent enforcement notification on the basis of a single primary concern.

'Its case, which continued to be pursued in safeguarding the ensuing appeals, was that the appeal developments significantly hurt the character and look of the site, the streetscene and the location more commonly.

'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 local existence of the very extensive and high close-boarded fencing serving the Essex County Bowling Club, with extremely long areas 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 actually been considered at all by the Council in concerning its view.

'There is definitely nothing in the officer reports (on each appeal scheme) which refers to it.

'Indeed, they say that "The streetscene in this part of Imperial Avenue has a strong open character with low front limit treatments ..." To make that declaration without pointing out, considering or evaluating the very apparent and significant close-by counterexample was both amiss and unreasonable.

'It seems to me that, had the single main issue in dispute been more correctly evaluated, there would have been no need for the appeals to have actually been made in the first place which the appellant has been put to unneeded cost.

'I therefore discover that unreasonable behaviour leading to unneeded or wasted expenditure, as explained in the Planning Practice Guidance, has been demonstrated and that full awards of expenses are justified in respect of both appeals.'

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

Parents told how they would feel safer if they fences remained in place as it blocks the general public from having the ability to see into the 'child room' at the front of the building

They state that previous to its usage, complete strangers could easily peer into the 'child room' at the front of the structure, which the fence also permits kids to securely play in the outside location in front of the residential or commercial property.

One mother, Natalie Toby, said: 'I'm a security consultant so from my point of view, it keeps kids concealed away from the general public walking past.

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

'The nursery has actually been here for 30 years so I don't see why the council are using the exact same rules 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 kids is more crucial than the looks.'

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

She added: 'So it's not just about keeping it shut off from people with malicious objectives, it's accidental things too.

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

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

'Surely securing children and their safety is vital to aesthetics.

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

Another moms and dad had actually echoed the same concerns, stating: 'As a teacher myself, I comprehend the importance of protecting children, and I would not desire the fence to be taken down.

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

'It's a fantastic nursery and they have actually got the 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 have the ability to wave. But undoubtedly, that's various as a parent than a stranger being able to search in.

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

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

She added: 'They do attempt 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 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 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 location.

The choice notification mentioned: 'The development at the website, by factor of its height, design and extent, and the strong look of the fencing within the frontage, appears aesthetically prominent, stark, and materially out of keeping with the generally spacious setting of the surrounding location, and has actually resulted in considerable harm to the character and appearance of the site, the streetscene and the area more widely.'

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

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

'I comprehend why they did it, however preparing permission is preparing approval and you need to comply with it.

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

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

'And the planning was retrospective too.'

While many moms and dads stated the fencing made them feel more secure, one parent said the outside area is very hardly ever utilized.

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

'Before it was up, we were funnelled a various method. So actually you would just see into the infant space if you were queuing to select up your kids.

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

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

'And I have actually never ever seen anybody usage that outdoor space. To my knowledge, it's not actually used.'

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

He stated: 'I've really 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 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 take a look at the kids.'

A granny getting her grandson from the nursery included: 'I believe it's terrible. The fence provides a little safety for the children.

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

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

; This matter has actually hung over the nursery for more than 2 years now and with associated expenses totaling up to just over ₤ 35,000 it has actually been an extremely heavy financial problem to bear with no warranty of success.

'Other similar 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 method has actually been completely vindicated by the appeals inspector.

'As both a business rates and a council tax payer it is extremely concerning that the council's unreasonable behaviour has cost Southend on Sea City Council taxpayers so dearly. We best regards hope that lessons will be found out from this judgement progressing and used appropriately.'

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

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