A nursery that was at war with a 'absurd' 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 actually introduced an appeal versus Southend Council last year after it ruled that it must eliminate or lower the height of a big fence that towers at the front of the residential or commercial property.

An enforcement notice was released by the regional authority demanding it be ripped down or changed to an optimum height of 3.2 ft 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 'popular' or 'out of keeping' with the character of the local location 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 'looks of the street' over the safety of their kids.

But neighbours surviving on the domestic street in the seaside suburb branded the fencing as 'horrible and unsightly' and desired it torn down.

The nursery initially became swallowed up in the planning row in 2022 after a problem was made relating to the structure which was erected without correct planning authorizations in place.

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

The nursery has actually won an appeal against Southend Council after it ruled that it needs to get rid of or lower the height of the big fence at the front of the residential or commercial property

Imperial Day Nursery then lodged a retrospective preparation application, however the council declined it, claiming it was 'visually prominent and stark' and 'out of keeping' with the surrounding area.

The nursery then stepped up its battle by appealing the council's enforcement action - which has caused a success.

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

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

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

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

The nursery has actually also been approved a complete award of expenses against Southend City Council in addition to having the enforcement notification quashed and planning application approved.

The expenses choice checks out: 'The Planning Practice Guidance encourages that expenses may be granted versus a celebration who has actually acted unreasonably and therefore caused the party requesting costs to sustain unnecessary or lost expense in the appeal procedure.

'The Council refused the preparation application and released the subsequent enforcement notice on the basis of a single primary issue.

'Its case, which continued to be pursued in safeguarding the occurring appeals, was that the appeal developments significantly hurt the character and appearance of the site, the streetscene and the location more widely.

'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 very comprehensive and high close-boarded fencing serving the Essex County Bowling Club, with extremely long sections directly abutting the highway - rather close to the appeal residential or commercial property and on the same side of Imperial Avenue - does not appear to have actually 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 refers to it.

'Indeed, they state that "The streetscene in this part of Imperial Avenue has a strong open character with low front border treatments ..." To make that statement without discussing, thinking about or evaluating the very obvious and substantial nearby counterexample was both wrong and unreasonable.

'It seems to me that, had the single primary problem in dispute been more correctly examined, there would have been no requirement for the attract have actually been made in the very first location and that the appellant has actually been put to unneeded cost.

'I for that reason discover that unreasonable behaviour leading to unneeded or lost expense, as described in the Planning Practice Guidance, has actually been demonstrated which complete awards of costs are warranted in respect of both appeals.'

Speaking with MailOnline outside the nursery, parents had actually formerly informed of how they felt much safer with the structure remaining in place.

Parents informed how they would feel much safer if they fences stayed in place as it obstructs the public from being able to see into the 'child room' at the front of the building

They state that prior to its usage, complete strangers could easily peer into the 'child room' at the front of the building, and that the fence also permits kids to securely play in the outdoor location in front of the residential or commercial property.

One mother, Natalie Toby, stated: 'I'm a security advisor so from my viewpoint, it keeps kids 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 routes nice and tucked away.

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

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

'Surely the security of the children is more vital than the aesthetics.'

She told of an occurrence, before the fencing which blocks the window of the front room was erected, when a postman unintendedly dropped heavy parcels through the window of the baby room.

She added: 'So it's not simply about keeping it shut off from individuals with harmful intentions, it's unintentional things also.

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

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

'Surely protecting kids and their security is vital to aesthetic appeals.

'I don't want my child in a room where people can simply walk past and check out.'

Another parent had echoed the same concerns, saying: 'As an instructor myself, I comprehend the importance of safeguarding children, and I would not desire the fence to be removed.

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

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

'Prior to it resembling this, you might see into the child room.

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

'It feels a lot more secure now, knowing that no-one can see in or get in quickly. It's extremely safe.

'Having the fence likewise implies they can use the outside space for kids. I believe they have Santa there at Christmas and stuff like that.'

She included: 'They do try and make it look as appealing as possible too, so they change it seasonally, so it's all Halloween-themed at the minute.

'I do not think it's an eyesore.'

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 area. This has been overturned on appeal by the Planning Inspectorate

The council's enforcement notification for the removal of the fence had actually specified that the height, design and 'strong appearance' of the fence deemed it undesirable for the location.

The choice notice stated: 'The advancement at the website, by reason of its height, design and degree, and the strong appearance of the fencing within the frontage, appears visually popular, plain, and materially out of keeping with the usually spacious setting of the surrounding area, and has resulted in substantial harm to the character and look of the website, the streetscene and the area more widely.'

Today, the Planning Inspectorate's appeal decision mentions that the fence does not appear 'extreme' or 'incongruous' and can remain standing.

Speaking with MailOnline, one neighbour had actually stated of the advancement: 'It is a bit unpleasant. I was amazed they were even enabled to put it up, however turns out they weren't.

'I comprehend why they did it, but preparing authorization is preparing permission and you have to abide by it.

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

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

'And the preparation was retrospective as well.'

While the majority of moms and dads said the fencing made them feel much safer, one moms and dad stated the outside space is very rarely utilized.

She said: 'We're not too troubled either way. I can understand that some 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 child room if you were queuing to get your children.

'So, if you were a complete stranger not part of the nursery, you would have to really come off the street, stare in a window and be rather apparent about it.

'I understand the nursery are stating it's for protecting but when it's just the parents having a glimpse in to see their children, I don't think that's much of a concern.

'And I have actually never seen anybody usage that outdoor space. To my understanding, it's not actually utilized.'

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

He stated: 'I've actually 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 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 grandmother picking up her grandson from the nursery included: 'I think it's terrible. The fence offers a little bit of security for the children.

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

The nursery stated: 'Imperial Day Nursery has actually effectively safeguarded itself in its dispute with Southend City Council over the frontage of the residential or commercial property, both Nursery and residential.

'We are thrilled with the result of the appeals including our applications for costs.