A nursery that was at war with a 'ridiculous' council that had ordered to take apart a 6ft fence constructed to secure children has actually won its fight.
Imperial Day Nursery, in Westcliff-on-sea, had introduced an appeal versus Southend Council in 2015 after it ruled that it needs to get rid of or reduce the height of a big fence that towers at the front of the residential or commercial property.
An enforcement notification was issued by the local authority requiring it be ripped down or modified to an optimum height of 3.2 ft within 3 months.
Now, bringing an end to a years-long feud, the nursery has actually been told it can keep its fencing as the Planning Inspectorate decided it was not 'popular' or 'out of keeping' with the character of the city and criticised the council for 'unreasonable' behaviour.
When MailOnline had actually gone to last October, moms and dads had revealed their fury at the council, implicating them of prioritising the 'looks of the street' over the security of their children.
But neighbours surviving on the property street in the seaside suburb branded the fencing as 'horrible and undesirable' and wanted it torn down.
The nursery initially became swallowed up in the preparation row in 2022 after a complaint was made concerning the structure which was put up without proper preparation approvals in place.
Fences towering 1.83 m high were put up at the Imperial Day Nursery, in Westcliff-on-sea, to enable kids to play outside of public view
The nursery has actually won an appeal versus Southend Council after it ruled that it must eliminate or lower the height of the huge fence at the front of the residential or commercial property
Imperial Day Nursery then lodged a retrospective planning application, but the council rejected it, declaring it was 'visually prominent and plain' and 'out of keeping' with the surrounding area.
The nursery then stepped up its battle by appealing the council's enforcement action - which has actually resulted in a victory.
Andrew Walker, a preparing officer within the Planning Inspectorate, reversed the council's decision after a site go to in which he ruled the fence and other structures could remain intact, EssexLive reported.
He stated in his decision: 'I do not find that either appeal plan appears visually prominent, stark or materially out of keeping within the local context.
'No harm 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 needed to separate the personal residential area from the commercial nursery section.'
The nursery has actually also been approved a full award of expenses versus Southend City Council in addition to having the enforcement notice quashed and planning application approved.
The expenses choice reads: 'The Planning Practice Guidance advises that costs may be granted versus a party who has acted unreasonably and thereby triggered the celebration obtaining costs to sustain unnecessary or wasted expense in the appeal process.
'The Council declined the preparation application and provided the subsequent enforcement notice on the basis of a single primary issue.
'Its case, which continued to be pursued in protecting the taking place appeals, was that the appeal advancements substantially harmed the character and appearance of the website, the streetscene and the area 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 local presence of the extremely extensive and high close-boarded fencing serving the Essex County Bowling Club, with very long areas straight abutting the highway - rather near the appeal residential or commercial property and on the exact same side of Imperial Avenue - does not appear to have been considered at all by the Council in concerning 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 boundary treatments ..." To make that statement without discussing, considering or assessing the extremely apparent and considerable nearby counterexample was both wrong and unreasonable.
'It appears to me that, had the single primary issue in conflict been more appropriately examined, there would have been no need for the appeals to have actually been made in the very first location which the appellant has been put to unnecessary expense.
'I therefore find that unreasonable behaviour leading to unnecessary or squandered cost, as described in the Planning Practice Guidance, has been shown and that 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 much safer with the structure remaining in location.
Parents informed how they would feel much safer if they fences stayed in place as it obstructs the public from having the ability to see into the 'baby room' at the front of the building
They say that prior to its use, complete strangers could easily peer into the 'baby space' at the front of the structure, and that the fence likewise enables kids to safely play in the outside location in front of the residential or commercial property.
One mother, Natalie Toby, said: 'I'm a security advisor so from my perspective, it keeps children hidden away from the general public strolling past.
'You can't really see where the front door is unless you go all the method down there, so they're keeping gain access to paths good and stashed.
'The nursery has actually been here for 30 years so I do not see why the council are using the very same guidelines that they would to domestic residences.
'New-build schools are being constructed with fence lines not dissimilar to this, so why are they not allowing this?
'Surely the security of the children is more essential than the aesthetics.'
She told of an event, before the fencing which obstructs the window of the front space was erected, when a postman unintendedly dropped heavy parcels through the window of the infant room.
She included: 'So it's not almost keeping it closed off from people with malicious intentions, it's unexpected things too.
'They have actually got susceptible kids because front space, and having the fence up keeps the children safe.
'It's ludicrous, I don't understand why the council are being so persistent about it.
'Surely safeguarding children and their security is paramount to aesthetics.
'I do not want my daughter in a room where people can simply walk past and check out.'
Another parent had echoed the same concerns, stating: 'As an instructor myself, I understand the significance of safeguarding children, and I wouldn't want the fence to be removed.
'My daughter goes to this nursery and my oldest just began school but 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 might see into the infant space.
'When my eldest remained in the child room, you could see her, you would have the ability to wave. But undoubtedly, that's different as a moms and dad than a stranger having the ability to search 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 use the outside area for kids. I believe they have Santa there at Christmas and stuff like that.'
She included: '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 believe it's an eyesore.'
Southend Council bought for the fence to be removed or reduced 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 notice for the removal of the fence had actually stated that the height, design and 'solid look' of the fence considered it unacceptable for the location.
The choice notification mentioned: 'The advancement at the site, by factor of its height, layout and level, and the strong look of the fencing within the frontage, appears aesthetically prominent, plain, and materially out of keeping with the generally spacious setting of the surrounding area, and has actually led to significant harm to the character and appearance of the website, the streetscene and the area more commonly.'
But now, the Planning Inspectorate's appeal decision specifies that the fence does not appear 'extreme' or 'incongruous' and can stay standing.
Speaking with MailOnline, one neighbour had actually stated of the advancement: 'It is a bit unattractive. I was amazed they were even allowed to put it up, but turns out they weren't.
'I understand why they did it, but preparing consent is planning approval and you need to follow 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 unattractive.'
Another neighbour echoed the exact same issues, saying: 'It's not good, it looks horrible.
'And the preparation was retrospective also.'
While many parents said the fencing made them feel safer, one moms and dad stated the outside area is extremely rarely utilized.
She said: '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 different way. So truly you would just see into the child 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 actually come off the street, stare in a window and be rather obvious about it.
'I know the nursery are stating it's for protecting however when it's simply the moms and dads having a glance in to see their children, I do not think that's much of a problem.
'And I have actually never seen anyone use that outside space. To my understanding, it's not truly utilized.'
Another parent, however, said he had actually promised support 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 seems like the council is taking a look at the view of the place and the aesthetic appeals than the safety of our kids.
'The whole point was to safeguard the kids.
'I feel a lot much safer leaving my kid here understanding the fence is up.
'It stops individuals from seeing in and being able to take a look at the kids.'
A granny getting her grand son from the nursery added: 'I think it's terrible. The fence offers a little bit of safety for the kids.
'It's really strange that the council are doing this.'
The nursery said: 'Imperial Day Nursery has successfully protected itself in its disagreement with Southend City board over the frontage of the residential or commercial property, both Nursery and domestic.
'We are thrilled with the outcome of the appeals including our applications for expenses.
; This matter has actually hung over the nursery for more than two years now and with associated expenses amounting to simply over ₤ 35,000 it has actually been a really heavy financial concern to bear with no guarantee of success.
'Other similar kids's nurseries dealt with and experiencing the same may not have had the resources to make it through as we have managed to do.
'We feel that our technique has been fully vindicated by the appeals inspector.
'As both a business rates and a council tax payer it is incredibly concerning that the council's unreasonable behaviour has actually cost Southend on Sea City board taxpayers so a lot. We all the best hope that lessons will be gained from this judgement moving forward and used accordingly.'
The council have considering that acknowledged the Planning Inspectorate's choice.
Cllr Anne Jones, cabinet member for preparation, housing, and the regional plan, said: 'The Council took a balanced choice, recognising the advantages of the fencing for the nursery, while also acknowledging the damage its prominence caused to local character.
'We appreciate that the Planning Inspectorate reached a various view on where that balance must lie.'
