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 <br>A nursery that was at war with a 'absurd' council that had purchased to take apart a 6ft fence constructed to secure children has won its battle.<br>
 <br>Imperial Day Nursery, in Westcliff-on-sea, had launched an appeal versus Southend Council in 2015 after it ruled that it needs to get rid of or decrease the height of a substantial fence that towers at the front of the residential or [commercial property](https://commercialproperty.im).<br>
 <br>An enforcement notification was issued by the regional authority [requiring](https://www.villabooking.ru) it be ripped down or modified to a maximum height of 3.2 feet within 3 months.<br>
 <br>Now, bringing an end to a years-long fight, 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 area and criticised the council for 'unreasonable' behaviour.<br>
 <br>When MailOnline had actually gone to last October, parents had actually revealed their fury at the council, accusing them of prioritising the 'visual appeals of the street' over the security of their children.<br>
 <br>But neighbours residing on the property street in the seaside residential area branded the fencing as 'horrible and unpleasant' and desired it took down.<br>
 <br>The nursery first became swallowed up in the preparation row in 2022 after a grievance was made regarding the structure which was erected without correct preparation authorizations in location.<br>
 <br>Fences towering 1.83 m high were set up at the Imperial Day Nursery, in Westcliff-on-sea, to permit children to play outside of public view<br>
 <br>The nursery has actually won an appeal against Southend Council after it ruled that it must eliminate or decrease the height of the substantial fence at the front of the residential or commercial property<br>
 <br>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 location.<br>
 <br>The [nursery](http://www.spbrealtor.ru) then stepped up its battle by appealing the council's enforcement action - which has led to a success.<br>
 <br>Andrew Walker, a [preparing officer](http://app.vellorepropertybazaar.in) within the Planning Inspectorate, reversed the council's choice after a site go to in which he ruled the fence and other structures could stay intact, EssexLive reported.<br>
 <br>He specified in his choice: 'I do not discover that either appeal plan appears aesthetically popular, stark or materially out of keeping within the local context.<br>
 <br>'No damage is triggered to the character and appearance of the site, street scene or location.<br>
 <br>'The degree of fencing upon the frontage under both plans is fairly essential to separate the private property area from the business nursery section.'<br>
 <br>The nursery has actually likewise been approved a complete award of costs versus Southend City Council in addition to having the enforcement notification quashed and preparing application granted.<br>
 <br>The costs decision reads: 'The Planning Practice Guidance advises that expenses may be granted versus a party who has actually behaved unreasonably and consequently caused the celebration looking for expenses to sustain unneeded or lost cost in the appeal process.<br>
 <br>'The Council declined the planning application and provided the subsequent enforcement notification on the basis of a single main concern.<br>
 <br>'Its case, which continued to be pursued in protecting the occurring appeals, was that the appeal advancements substantially hurt the character and appearance of the website, the streetscene and the area more extensively.<br>
 <br>'I disagree with the Council on this matter of [planning judgment](https://www.agentjill.com). That would not by itself be a basis for a finding of unreasonable behaviour.<br>
 <br>'However, the local presence of the really comprehensive and high close-boarded fencing serving the Essex County Bowling Club, with really long areas directly abutting the highway - quite close to the appeal residential or commercial property and on the same side of [Imperial Avenue](https://casaduartelagos.com) - does not appear to have actually been considered at all by the Council in pertaining to its view.<br>
 <br>'There is definitely nothing in the officer reports (on each appeal scheme) which describes it.<br>
 <br>'Indeed, they say that "The streetscene in this part of Imperial Avenue has a strong open character with low front border treatments ..." To make that declaration without mentioning, thinking about or assessing the extremely obvious and significant nearby counterexample was both wrong and unreasonable.<br>
 <br>'It seems to me that, had the single primary concern in conflict been more effectively evaluated, there would have been no requirement for the interest have been made in the very first location which the [appellant](https://hvm-properties.com) has actually been put to unneeded cost.<br>
 <br>'I for that reason find that unreasonable behaviour resulting in unneeded or lost cost, as explained in the Planning Practice Guidance, has actually been demonstrated which full awards of expenses are justified in respect of both appeals.'<br>
 <br>Speaking to MailOnline outside the nursery, moms and dads had actually previously informed of how they felt much safer with the structure being in location.<br>
 <br>Parents told how they would feel safer if they fences remained in place as it blocks the public from having the ability to see into the 'infant space' at the front of the building<br>
 <br>They state that prior to its usage, complete strangers could quickly peer into the 'child room' at the front of the structure, which the fence also permits children to safely play in the outside location in front of the residential or commercial property.<br>
 <br>One mom, Natalie Toby, stated: 'I'm a security consultant so from my point of view, it keeps children hidden away from the general public strolling past.<br>
 <br>'You can't actually see where the front door is unless you go all the way down there, so they're keeping access routes great and stashed.<br>
 <br>'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 homes.<br>
 <br>'New-build schools are being developed with fence lines not different to this, so why are they not enabling this?<br>
 <br>'Surely the security of the kids is more vital than the aesthetics.'<br>
 <br>She told of an incident, before the fencing which obstructs the window of the front space was put up, when a [postman unintendedly](https://www.fidelityrealestate.com) dropped heavy [parcels](https://luxuryproperties.in) through the window of the infant room.<br>
 <br>She included: 'So it's not just about keeping it shut off from [individuals](https://lewisandcorealty.ca) with harmful intents, it's unexpected things also.<br>
 <br>'They have actually got susceptible children because front space, and having the fence up keeps the infants safe.<br>
 <br>'It's outrageous, I do not understand why the council are being so stubborn about it.<br>
 <br>'Surely protecting children and their security is paramount to looks.<br>
 <br>'I do not want my child in a room where people can just walk past and look through.'<br>
 <br>Another moms and dad had echoed the exact same concerns, saying: 'As a teacher myself, I comprehend the importance of safeguarding kids, and I would not want the fence to be taken down.<br>
 <br>'My daughter goes to this nursery and my eldest simply began school however she went here the entire method through.<br>
 <br>'It's a brilliant nursery and they have actually got the finest interest of the kids at heart.<br>
 <br>'Prior to it resembling this, you could see into the child space.<br>
 <br>'When my eldest remained in the child 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 being able to search in.<br>
 <br>'It feels a lot much safer now, knowing that no-one can see in or get in easily. It's extremely safe.<br>
 <br>'Having the fence also indicates they can use the [outdoor space](https://www.22401414.com) for kids. I think they have Santa there at Christmas and stuff like that.'<br>
 <br>She included: 'They do try and make it look as appealing as possible too, so they alter it seasonally, so it's all Halloween-themed at the moment.<br>
 <br>'I do not believe it's an eyesore.'<br>
 <br>Southend Council ordered for the fence to be taken down or reduced in height after finding that it was 'materially out of keeping' with the surrounding location. This has been overturned on appeal by the Planning Inspectorate<br>
 <br>The council's enforcement notification for the removal of the fence had stated that the height, layout and 'strong appearance' of the fence considered it undesirable for the location.<br>
 <br>The decision notice specified: 'The development at the site, by reason of its height, layout and extent, and the strong look of the fencing within the frontage, [appears aesthetically](https://muigaicommercial.com) popular, plain, and materially out of keeping with the typically roomy setting of the surrounding area, and has actually led to substantial harm to the character and appearance of the website, the streetscene and the area more extensively.'<br>
 <br>But now, the Planning Inspectorate's appeal decision states that the fence does not appear 'excessive' or ['incongruous'](https://www.bgrealtylv.com) and can remain [standing](https://inngoaholidays.com).<br>
 <br>Speaking with MailOnline, one neighbour had said of the advancement: 'It is a bit unpleasant. I was astonished they were even permitted to put it up, however turns out they weren't.<br>
 <br>'I comprehend why they did it, but preparing consent is preparing authorization and you have to abide by it.<br>
 <br>'My personal viewpoint is that it is a bit unsightly. It would have bothered me more if I was best next door to it. But even from here, it is undesirable.'<br>
 <br>Another neighbour echoed the same issues, saying: 'It's not good, it looks dreadful.<br>
 <br>'And the preparation was retrospective too.'<br>
 <br>While a lot of parents stated the fencing made them feel more secure, one parent stated the outdoor space is extremely rarely utilized.<br>
 <br>She stated: 'We're not too troubled in any case. I can comprehend that a few of the neighbours don't particularly like it.<br>
 <br>'Before it was up, we were funnelled a various way. So actually you would just see into the child space if you were queuing to get your kids. <br>
 <br>'So, if you were a complete stranger not part of the nursery, you would need to actually come off the street, look in a window and be quite obvious about it.<br>
 <br>'I understand the nursery are saying it's for protecting however when it's just the moms and dads having a glance in to see their kids, I don't think that's much of a problem.<br>
 <br>'And I've never seen anyone use that outside space. To my understanding, it's not truly used.'<br>
 <br>Another moms and dad, nevertheless, said he had actually promised assistance for the nursery who at the time had a petition going.<br>
 <br>He said: 'I've in fact emailed the nursery revealing support for their petition.<br>
 <br>'It looks like the council is taking a look at the view of the location and the aesthetic appeals than the safety of our kids.<br>
 <br>'The whole point was to protect the kids.<br>
 <br>'I feel a lot safer leaving my kid here knowing the fence is up.<br>
 <br>'It stops individuals from seeing in and being able to take a look at the kids.'<br>
 <br>A grandma getting her grand son from the nursery included: 'I believe it's terrible. The fence gives a bit of security for the children.<br>
 <br>'It's very strange that the council are doing this.'<br>
 <br>The nursery said: 'Imperial Day Nursery has actually effectively safeguarded itself in its disagreement with Southend City board over the frontage of the residential or commercial property, both Nursery and residential.<br>
 <br>'We are delighted with the result of the appeals including our applications for costs.<br>
 <br>