A nursery that was at war with a 'outrageous' council that had purchased to take down a 6ft fence developed to safeguard kids has won its fight.

Imperial Day Nursery, in Westcliff-on-sea, had actually launched an appeal versus Southend Council in 2015 after it ruled that it needs to remove or reduce the height of a huge fence that towers at the front of the residential or commercial property.

An enforcement notification was provided by the local authority demanding it be ripped down or changed to a maximum height of 3.2 ft within three months.

But now, bringing an end to a years-long fight, the nursery has actually been told it can keep its fencing as the Planning Inspectorate chose it was not 'prominent' or 'out of keeping' with the character of the city and criticised the council for 'unreasonable' behaviour.

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

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

The nursery initially became engulfed in the planning row in 2022 after a complaint was made relating to the structure which was put up without correct preparation authorizations in location.

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

The nursery has won an appeal against Southend Council after it ruled that it must eliminate or minimize the height of the huge 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 prominent and stark' 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 led to a triumph.

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 could stay undamaged, EssexLive reported.

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

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

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

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

The expenses choice reads: 'The Planning Practice Guidance encourages that expenses may be awarded versus a celebration who has actually behaved unreasonably and thus triggered the celebration using for expenses to sustain unnecessary or lost expense in the appeal process.

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

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

'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 extremely substantial and high close-boarded fencing serving the Essex County Bowling Club, with long sections straight abutting the highway - quite near the appeal residential or commercial property and on the 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 definitely absolutely nothing in the officer reports (on each appeal scheme) which describes it.

'Indeed, they state that "The streetscene in this part of Imperial Avenue has a strong open character with low front boundary treatments ..." To make that declaration without pointing out, thinking about or evaluating the extremely obvious and significant neighboring counterexample was both wrong and unreasonable.

'It seems to me that, had the single main problem in conflict been more appropriately evaluated, there would have been no requirement for the appeals to have actually been made in the very first place which the appellant has been put to unneeded expenditure.

'I for that reason find that unreasonable behaviour leading to unneeded or squandered expense, as described in the Planning Practice Guidance, has actually been shown and that full awards of costs are justified in respect of both appeals.'

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

Parents informed how they would feel much safer if they fences stayed in location as it blocks the general public from having the ability to see into the 'child space' at the front of the structure

They state that previous to its use, strangers might quickly peer into the 'infant space' at the front of the structure, and that the fence also allows children to securely play in the outdoor location in front of the residential or commercial property.

One mom, Natalie Toby, stated: 'I'm a security advisor so from my point of view, it keeps kids hidden away from the public walking past.

'You can't truly see where the front door is unless you go all the way down there, so they're keeping gain access to routes great and stashed.

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

'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 children is more vital than the visual appeals.'

She told 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 included: 'So it's not practically keeping it shut off from people with malicious objectives, it's accidental things as well.

'They have actually got vulnerable kids in that front space, and having the fence up keeps the babies safe.

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

'Surely safeguarding children and their security is vital to aesthetics.

'I don't desire my child in a room where individuals can simply walk past and look through.'

Another moms and dad had echoed the very same concerns, stating: 'As an instructor myself, I understand the significance of protecting children, and I wouldn't desire the fence to be taken down.

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

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

'Prior to it resembling this, you could see into the child space.

'When my eldest was in the baby space, you could see her, you would have the ability to wave. But clearly, that's various as a moms and dad than a stranger having the ability to look in.

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

'Having the fence also indicates they can utilize the outdoor space for kids. I believe they have Santa there at Christmas and things like that.'

She included: 'They do attempt 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 decreased in height after finding 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 stated that the height, design and 'strong appearance' of the fence considered it undesirable for the area.

The choice notification mentioned: 'The development at the site, by reason of its height, design and level, and the solid look of the fencing within the frontage, appears aesthetically prominent, stark, and materially out of keeping with the generally spacious setting of the surrounding area, and has led to significant harm to the character and appearance of the site, the streetscene and the location more commonly.'

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

Speaking with MailOnline, one neighbour had actually stated of the development: 'It is a bit unsightly. I was impressed they were even permitted to put it up, however ends up they weren't.

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

'My individual 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 unsightly.'

Another neighbour echoed the same issues, stating: 'It's not great, it looks terrible.

'And the planning was retrospective too.'

While the majority of moms and dads said the fencing made them feel much safer, one parent stated the outside area is really hardly ever utilized.

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

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

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

'I understand the nursery are saying it's for protecting but when it's just 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've never ever seen anyone usage that outdoor space. To my knowledge, it's not truly used.'

Another moms and dad, nevertheless, said he had actually vowed assistance for the nursery who at the time had a petition going.

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

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

'The whole point was to secure the kids.

'I feel a lot much safer leaving my kid here understanding the fence is up.

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

A granny getting her grandson from the nursery added: 'I believe it's terrible. The fence offers a little security for the children.

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

The nursery stated: 'Imperial Day Nursery has actually successfully defended itself in its dispute 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 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 financial burden to bear with no guarantee of success.

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

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

'As both a business rates and a council tax payer it is exceptionally worrying that the council's unreasonable behaviour has actually cost Southend on Sea City Council taxpayers so very much. We seriously hope that lessons will be discovered from this judgement moving forward and applied appropriately.'

The council have given that acknowledged the Planning Inspectorate's choice.

Cllr Anne Jones, cabinet member for preparation, housing, and the regional plan, stated: 'The Council took a balanced choice, acknowledging the benefits of the fencing for the nursery, while also acknowledging the damage its prominence triggered to regional character.

'We respect that the Planning Inspectorate reached a various view on where that balance should lie.'