A nursery that was at war with a 'outrageous' council that had actually purchased to take down a 6ft fence developed to secure 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 remove or lower 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 a maximum height of 3.2 ft within 3 months.

Today, bringing an end to a years-long fight, the nursery has actually 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 regional area and criticised the council for 'unreasonable' behaviour.

When MailOnline had actually visited last October, parents had actually revealed their fury at the council, implicating them of prioritising the 'visual appeals of the street' over the safety of their kids.

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

The nursery first ended up being engulfed in the preparation row in 2022 after a complaint was made relating to the structure which was erected without appropriate preparation approvals in location.

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 won an appeal against Southend Council after it ruled that it should remove or minimize the height of the huge fence at the front of the residential or commercial property

Imperial Day Nursery then lodged a retrospective planning application, however 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 check out in which he ruled the fence and other structures might stay intact, EssexLive reported.

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

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

'The degree of fencing upon the frontage under both schemes is fairly required to separate the personal domestic area from the business nursery section.'

The nursery has actually likewise been granted a full award of costs against Southend City board in addition to having the enforcement notice quashed and planning application approved.

The expenses decision checks out: 'The Planning Practice Guidance recommends that expenses may be granted against a celebration who has actually acted unreasonably and therefore triggered the party looking for costs to incur unnecessary or squandered expense in the appeal process.

'The Council refused the planning application and provided the subsequent enforcement notification on the basis of a single primary concern.

'Its case, which continued to be pursued in safeguarding the occurring appeals, was that the appeal developments substantially damaged the character and look of the website, the streetscene and the location more commonly.

'I disagree with the Council on this matter of planning judgment. That would not by itself be a basis for a finding of unreasonable behaviour.

'However, the local existence of the really extensive and high close-boarded fencing serving the Essex County Bowling Club, with really long areas directly abutting the highway - rather near 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 pertaining to its view.

'There is definitely nothing in the officer reports (on each appeal plan) 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 discussing, considering or examining the really obvious and considerable nearby counterexample was both wrong and unreasonable.

'It seems to me that, had the single main issue in dispute been more effectively assessed, there would have been no need for the interest have been made in the first place which the appellant has actually been put to unneeded expense.

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

Talking to MailOnline outside the nursery, moms and dads had previously informed of how they felt more secure with the structure being in place.

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

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

One mother, Natalie Toby, said: 'I'm a security advisor so from my point of view, it keeps kids concealed away from the general public strolling past.

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

'The nursery has actually been here for thirty years so I do not see why the council are applying the same guidelines that they would to domestic homes.

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

'Surely the safety of the kids is more crucial than the aesthetic appeals.'

She told of an event, before the fencing which obstructs the window of the front room was erected, when a postman unintendedly dropped heavy parcels through the window of the child room.

She included: 'So it's not simply about keeping it blocked from individuals with harmful intentions, it's unexpected things too.

'They've got susceptible kids in that front room, and having the fence up keeps the infants safe.

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

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

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

Another moms and dad had echoed the exact same concerns, stating: 'As a teacher myself, I understand the significance of safeguarding children, and I would not desire the fence to be removed.

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

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

'Prior to it being like this, you might see into the infant space.

'When my eldest remained in the child room, you could see her, you would be able to wave. But clearly, 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 easily. It's very safe.

'Having the fence also indicates they can utilize the outside area for kids. I think they have Santa there at Christmas and stuff like that.'

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

'I don't think it's an eyesore.'

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

The council's enforcement notice for the elimination of the fence had actually specified that the height, layout and 'solid look' of the fence deemed it unacceptable for the location.

The choice notice mentioned: 'The development at the site, by factor of its height, design and extent, and the strong look of the fencing within the frontage, appears visually popular, plain, and materially out of keeping with the usually large setting of the surrounding location, and has led to considerable damage to the character and look of the site, the streetscene and the location more widely.'

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

Speaking to MailOnline, one neighbour had actually stated of the development: '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, however planning consent is planning authorization and you have to follow it.

'My personal opinion 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 unsightly.'

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

'And the planning was retrospective too.'

While a lot of moms and dads stated the fencing made them feel more secure, one moms and dad stated the outdoor area is extremely seldom utilized.

She stated: 'We're not too bothered in either case. I can comprehend that a few of the neighbours do not especially like it.

'Before it was up, we were funnelled a different method. So really you would only see into the baby room if you were queuing to select up your kids.

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

'I understand the nursery are saying it's for securing however when it's simply the moms and dads having a quick appearance in to see their kids, I don't believe that's much of a problem.

'And I've never ever seen anyone usage that outside space. To my understanding, it's not truly utilized.'

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

He stated: 'I've really emailed the nursery revealing support for their petition.

'It appears like the council is looking at the view of the location and the aesthetic appeals than the security of our kids.

'The entire point was to secure the kids.

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

'It stops individuals from seeing in and being able to look at the kids.'

A granny getting her grandson from the nursery added: 'I believe it's awful. The fence provides a little safety for the children.

'It's really strange that the council are doing this.'

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

'We are delighted with the outcome of the appeals including our applications for .