Nursery Wins Fight Versus 'Ridiculous' Council Over 6ft Fence
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A nursery that was at war with a 'ridiculous' council that had actually purchased to take apart a 6ft fence constructed to secure kids has actually won its fight.

Imperial Day Nursery, in Westcliff-on-sea, had actually introduced an appeal versus Southend Council last year after it ruled that it needs to eliminate or minimize the height of a huge fence that towers at the front of the residential or commercial property.
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An enforcement notice was issued by the regional authority requiring it be ripped down or changed to a maximum height of 3.2 feet within three months.

Today, bringing an end to a years-long feud, the nursery has been told it can keep its fencing as the Planning Inspectorate decided it was not 'prominent' or 'out of keeping' with the character of the area and criticised the council for 'unreasonable' behaviour.

When MailOnline had gone to last October, parents had expressed their fury at the council, accusing them of prioritising the 'aesthetic appeals of the street' over the security of their kids.

But neighbours residing on the domestic street in the seaside suburb branded the fencing as 'dreadful and unattractive' and wanted it took apart.

The nursery first became swallowed up in the preparation row in 2022 after a complaint was made concerning the structure which was put up without appropriate preparation approvals in location.

Fences towering 1.83 m high were put up at the Imperial Day Nursery, in Westcliff-on-sea, to enable for kids to play exterior of public view

The nursery has won an appeal versus Southend Council after it ruled that it must remove 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, declaring it was 'aesthetically prominent 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 caused a victory.

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

He mentioned in his choice: 'I do not find that either appeal plan appears aesthetically prominent, stark or materially out of keeping within the regional context.

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

'The degree of fencing upon the frontage under both plans is reasonably needed to separate the section from the business nursery area.'

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

The costs decision reads: 'The Planning Practice Guidance advises that expenses may be awarded against a celebration who has actually behaved unreasonably and thereby caused the party obtaining costs to incur unnecessary or lost cost in the appeal process.

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

'Its case, which continued to be pursued in protecting the ensuing appeals, was that the appeal developments significantly 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 presence of the extremely substantial and high close-boarded fencing serving the Essex County Bowling Club, with long areas straight abutting the highway - quite near 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 concerning its view.

'There is definitely nothing in the officer reports (on each appeal plan) 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 discussing, thinking about or evaluating the really apparent and substantial close-by counterexample was both wrong and unreasonable.

'It seems to me that, had the single primary issue in conflict been more properly evaluated, there would have been no need for the attract have actually been made in the very first place and that the appellant has actually been put to unnecessary cost.

'I therefore discover that unreasonable behaviour resulting in unneeded or squandered expenditure, as described in the Planning Practice Guidance, has actually been demonstrated which complete awards of costs are warranted in respect of both appeals.'

Talking to MailOnline outside the nursery, parents had previously informed of how they felt more secure with the structure being in location.

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

They say that previous to its use, strangers might quickly peer into the 'baby space' at the front of the structure, and that the fence likewise permits children to securely play in the outside area in front of the residential or commercial property.

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

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

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

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

'Surely the safety of the children is more important than the visual appeals.'

She informed of an incident, 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 infant room.

She added: 'So it's not almost keeping it closed off from people with malicious intents, it's accidental things as well.

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

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

'Surely protecting kids and their security is vital to looks.

'I don't desire my daughter in a room where individuals can just walk past and check out.'

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

'My daughter goes to this nursery and my eldest simply started school but she went here the entire way through.

'It's a brilliant nursery and they've got the very best interest of the kids at heart.

'Prior to it resembling this, you could 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 clearly, that's various as a moms and dad than a complete stranger being able to look in.

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

'Having the fence also indicates they can utilize the outdoor 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 do not think it's an eyesore.'

Southend Council bought for the fence to be taken down or reduced in height after finding that it was 'materially out of keeping' with the surrounding area. This has actually been overturned on appeal by the Planning Inspectorate

The council's enforcement notice for the elimination of the fence had stated that the height, design and 'strong look' of the fence deemed it unacceptable for the location.

The decision notification mentioned: 'The development at the website, 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 spacious setting of the surrounding area, and has actually led to significant damage to the character and appearance of the website, the streetscene and the location more commonly.'

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

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

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

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

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

'And the planning was retrospective too.'

While many moms and dads said the fencing made them feel safer, one moms and dad stated the outdoor space is extremely rarely utilized.

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

'Before it was up, we were funnelled a different method. So actually you would only see into the baby room if you were queuing to get your kids.

'So, if you were a stranger not part of the nursery, you would have to actually 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 simply the moms and dads having a peek in to see their children, I don't believe that's much of a concern.

'And I've never seen anybody usage that outdoor space. To my understanding, it's not truly used.'

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

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

'It looks like the council is taking a look at the view of the place and the aesthetics than the security of our kids.

'The entire point was to protect the kids.

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

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

A grandma picking up her grand son from the nursery included: 'I believe it's horrible. The fence provides a little safety for the children.

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

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

'We are delighted with the outcome of the appeals including our applications for expenses.