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Nursery Wins Fight against ‘Ridiculous’ Council Over 6ft Fence

A nursery that was at war with a ‘outrageous’ council that had purchased to tear down a 6ft fence constructed to safeguard kids has won its battle.

Imperial Day Nursery, in Westcliff-on-sea, had launched an appeal against Southend Council in 2015 after it ruled that it should get rid of or reduce the height of a substantial fence that towers at the front of the residential or commercial property.

An enforcement notice was issued by the regional authority requiring it be ripped down or amended to a maximum height of 3.2 feet within three months.

Today, bringing an end to a years-long fight, the nursery has been informed it can keep its fencing as the Planning Inspectorate chose it was not ‘prominent’ 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 ‘aesthetic appeals of the street’ over the security of their kids.

But neighbours surviving on the residential street in the seaside residential area branded the fencing as ‘horrible and unattractive’ and desired it torn down.

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

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

The nursery has actually won an appeal against Southend Council after it ruled that it needs to remove 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 ‘aesthetically prominent and plain’ and ‘out of keeping’ with the surrounding area.

The nursery then stepped up its fight by appealing the council’s enforcement action — which has resulted in a success.

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

He mentioned in his decision: ‘I do not find that either appeal plan appears visually popular, plain or materially out of keeping within the local context.

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

‘The degree of fencing upon the frontage under both schemes is fairly required to separate the personal property area from the commercial nursery section.’

The nursery has also been approved a full award of costs versus Southend City board in addition to having the enforcement notification quashed and planning application granted.

The costs choice checks out: ‘The Planning Practice Guidance encourages that costs might be awarded against a celebration who has actually acted unreasonably and consequently triggered the party looking for costs to incur unneeded or wasted expense in the appeal procedure.

‘The Council declined the preparation application and released the subsequent enforcement notification on the basis of a single main issue.

‘Its case, which continued to be pursued in safeguarding the taking place 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 local presence of the really extensive and high close-boarded fencing serving the Essex County Bowling Club, with extremely long sections straight abutting the highway — quite near to the appeal residential or commercial property and on the very same side of Imperial Avenue — does not appear to have been considered at all by the Council in concerning its view.

‘There is certainly 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 mentioning, considering or evaluating the extremely apparent and considerable close-by counterexample was both wrong and unreasonable.

‘It seems to me that, had the single primary concern in dispute been more effectively evaluated, there would have been no need for the attract have actually been made in the first place which the appellant has been put to unneeded cost.

‘I for that reason discover that unreasonable behaviour leading to unneeded or squandered expenditure, as described in the Planning Practice Guidance, has been shown which full awards of expenses are justified in regard of both appeals.’

Talking to MailOnline outside the nursery, moms and dads had actually previously told of how they felt safer with the structure remaining in place.

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 room’ at the front of the building

They state that previous to its use, strangers could quickly peer into the ‘child space’ at the front of the structure, and that the fence also permits kids to safely play in the outside location in front of the residential or commercial property.

One mother, Natalie Toby, stated: ‘I’m a security consultant so from my viewpoint, it keeps children concealed away from the general public strolling past.

‘You can’t truly see where the front door is unless you go all the way down there, so they’re keeping access routes nice and stashed.

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

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

‘Surely the security of the children is more crucial than the aesthetics.’

She told 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 child room.

She included: ‘So it’s not almost keeping it blocked from people with malicious objectives, it’s unintentional things too.

‘They’ve got susceptible children in that front room, and having the fence up keeps the babies safe.

‘It’s outrageous, I do not comprehend why the council are being so persistent about it.

‘Surely securing kids and their safety is to looks.

‘I don’t desire my child in a room where people can just stroll previous and look through.’

Another moms and dad had echoed the same issues, saying: ‘As an instructor myself, I understand the significance of protecting children, and I wouldn’t want the fence to be taken down.

‘My daughter goes to this nursery and my eldest just began school but she went here the entire 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 might see into the infant space.

‘When my eldest was in the baby room, you might see her, you would be able to wave. But obviously, that’s different as a parent 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 quickly. It’s very safe.

‘Having the fence also suggests they can utilize the outdoor area 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 do not believe it’s an eyesore.’

Southend Council ordered for the fence to be taken down or minimized in height after finding that it was ‘materially out of keeping’ with the surrounding area. This has actually been reversed on appeal by the Planning Inspectorate

The council’s enforcement notification for the elimination of the fence had mentioned that the height, layout and ‘strong appearance’ of the fence deemed it unacceptable for the area.

The choice notification mentioned: ‘The advancement at the site, by reason of its height, design and degree, and the strong appearance of the fencing within the frontage, appears aesthetically popular, stark, and materially out of keeping with the typically spacious setting of the surrounding location, and has led to significant harm to the character and appearance of the website, the streetscene and the location more commonly.’

And now, the Planning Inspectorate’s appeal choice mentions that the fence does not appear ‘extreme’ or ‘incongruous’ and can remain standing.

Talking to MailOnline, one neighbour had actually said of the advancement: ‘It is a bit unattractive. I was impressed they were even permitted to put it up, however ends up they weren’t.

‘I comprehend why they did it, but planning permission is preparing authorization and you have to comply with it.

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

Another neighbour echoed the same concerns, saying: ‘It’s not nice, it looks dreadful.

‘And the preparation was retrospective too.’

While most moms and dads said the fencing made them feel much safer, one moms and dad said the outdoor area is very hardly ever utilized.

She stated: ‘We’re not too troubled in either case. I can understand that some of the neighbours don’t especially like it.

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

‘So, if you were a stranger not part of the nursery, you would have to actually come off the street, gaze in a window and be quite obvious about it.

‘I understand the nursery are stating it’s for protecting however when it’s simply the moms and dads having a quick look in to see their children, I don’t believe that’s much of a problem.

‘And I’ve never seen anyone use that outside area. To my understanding, it’s not actually utilized.’

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

He said: ‘I’ve in fact emailed the nursery revealing support for their petition.

‘It looks like the council is looking at the view of the place and the visual appeals than the safety of our kids.

‘The whole point was to secure 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 look at the kids.’

A grandma choosing up her grandson from the nursery added: ‘I think it’s dreadful. The fence offers a little bit of security for the kids.

‘It’s very odd that the council are doing this.’

The nursery stated: ‘Imperial Day Nursery has actually successfully defended itself in its conflict with Southend City Council over the frontage of the residential or commercial property, both Nursery and residential.

‘We are delighted with the result of the appeals including our applications for expenses.

; This matter has hung over the nursery for more than two years now and with associated expenses amounting to simply over ₤ 35,000 it has actually been an extremely heavy financial burden to bear with no assurance of success.

‘Other similar kids’s nurseries dealt with and experiencing the exact same might not have had the resources to survive as we have actually handled to do.

‘We feel that our technique has been fully vindicated by the appeals inspector.

‘As both a company 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 dearly. We regards hope that lessons will be learnt from this judgement moving forward and used accordingly.’

The council have since acknowledged the Planning Inspectorate’s decision.

Cllr Anne Jones, cabinet member for preparation, housing, and the regional strategy, stated: ‘The Council took a well balanced decision, identifying the advantages of the fencing for the nursery, while also acknowledging the damage its prominence caused to regional character.

‘We appreciate that the Planning Inspectorate reached a various view on where that balance need to lie.’