A nursery that was at war with a 'outrageous' council that had actually bought to take down a 6ft fence developed to safeguard children has won its fight.

Imperial Day Nursery, in Westcliff-on-sea, had introduced an appeal versus Southend Council in 2015 after it ruled that it must eliminate or decrease the height of a huge fence that towers at the front of the residential or commercial property.

An enforcement notification was provided by the regional authority requiring it be ripped down or changed to a maximum height of 3.2 ft within 3 months.

And now, bringing an end to a years-long fight, the nursery has been told it can keep its fencing as the Planning Inspectorate chose it was not 'prominent' or 'out of keeping' with the character of the city and criticised the council for 'unreasonable' behaviour.

When MailOnline had actually visited last October, moms and dads had expressed their fury at the council, implicating them of prioritising the 'aesthetic appeals of the street' over the safety of their kids.

But neighbours surviving on the domestic street in the seaside suburban area branded the fencing as 'awful and unattractive' and desired it took down.

The nursery first ended up being swallowed up in the preparation row in 2022 after a problem was made concerning the structure which was put up without appropriate planning authorizations in place.

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

The nursery has actually won an appeal versus Southend Council after it ruled that it needs to remove or lower the height of the big 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 stark' and 'out of keeping' with the surrounding location.

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

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

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

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

'The degree of fencing upon the frontage under both schemes is reasonably needed to separate the personal domestic area from the industrial nursery area.'

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

The costs decision checks out: 'The Planning Practice Guidance recommends that expenses might be granted against a party who has actually acted unreasonably and thereby caused the party obtaining expenses to incur unnecessary or wasted expense in the appeal process.

'The Council declined the planning application and issued the subsequent enforcement notification 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 considerably damaged the character and look of the site, the streetscene and the area 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 presence of the extremely comprehensive and high close-boarded fencing serving the Essex County Bowling Club, with extremely long areas directly 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 actually been considered at all by the Council in pertaining to its view.

'There is definitely absolutely 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 border treatments ..." To make that statement without pointing out, considering or examining the very apparent and substantial nearby counterexample was both amiss and unreasonable.

'It seems to me that, had the single primary concern in disagreement been more appropriately evaluated, there would have been no requirement for the attract have actually been made in the very first place which the appellant has been put to unneeded expense.

'I therefore discover that unreasonable behaviour leading to unneeded or wasted expenditure, as explained in the Planning Practice Guidance, has been demonstrated which full awards of expenses are justified in regard of both appeals.'

Speaking with MailOnline outside the nursery, parents had actually previously told of how they felt more secure with the structure being in location.

Parents informed how they would feel 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 structure

They say that prior to its usage, complete strangers might quickly peer into the 'baby room' at the front of the structure, which the fence also enables kids to securely play in the outside location in front of the residential or commercial property.

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

'You can't actually see where the front door is unless you go all the way down there, so they're keeping gain access to routes nice and tucked away.

'The nursery has actually been here for 30 years so I don't see why the council are using the very same guidelines that they would to domestic homes.

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

'Surely the safety of the kids is more vital than the aesthetics.'

She told of an incident, before the fencing which obstructs the window of the front space was put up, when a postman unintendedly dropped heavy parcels through the window of the baby space.

She added: 'So it's not almost keeping it closed off from people with destructive intentions, it's accidental things as well.

'They have actually got vulnerable kids in that front room, and having the fence up keeps the babies safe.

'It's ridiculous, I do not understand why the council are being so stubborn about it.

'Surely safeguarding children and their safety is vital to aesthetic appeals.

'I do not desire my child in a room where individuals can simply stroll past and look through.'

Another moms and dad had echoed the same concerns, stating: 'As a teacher myself, I comprehend the significance of safeguarding kids, 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 way through.

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

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

'When my eldest was in the baby room, you might see her, you would have the ability to wave. But certainly, that's various as a parent 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 really protected.

'Having the fence likewise indicates they can use the outdoor space for kids. I believe they have Santa there at Christmas and things like that.'

She added: 'They do attempt and make it look as appealing 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 bought for the fence to be removed or lowered in height after discovering 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 notification for the removal of the fence had actually mentioned that the height, design and 'strong appearance' of the fence deemed it inappropriate for the location.

The decision notice mentioned: 'The advancement at the site, by reason of its height, layout and extent, and the strong look of the fencing within the frontage, appears aesthetically prominent, plain, and materially out of keeping with the normally large setting of the surrounding area, and has actually led to substantial harm to the character and look of the site, the streetscene and the location more commonly.'

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

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

'I comprehend why they did it, but planning consent is preparing approval and you have to abide by it.

'My individual viewpoint is that it is a bit undesirable. 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 good, it looks terrible.

'And the planning was retrospective too.'

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

She said: 'We're not too troubled either method. I can comprehend that a few of the neighbours do not especially like it.

'Before it was up, we were funnelled a various way. So truly you would just see into the baby space if you were queuing to get your children.

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

'I understand the nursery are saying it's for safeguarding but when it's just the parents having a glimpse in to see their kids, I do not think that's much of a problem.

'And I've never ever seen anybody use that outside space. To my understanding, it's not really used.'

Another moms and dad, nevertheless, stated he had actually pledged support for the nursery who at the time had a petition going.

He said: 'I've actually emailed the nursery revealing support for their petition.

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

'The entire point was to safeguard the kids.

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

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

A grandmother getting her grand son from the nursery added: 'I believe it's awful. The fence offers a bit of safety for the children.

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

The nursery said: 'Imperial Day Nursery has effectively defended itself in its dispute with Southend City board 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.

; This matter has hung over the nursery for more than two years now and with associated costs amounting to just over ₤ 35,000 it has been a really heavy financial problem to bear with no assurance of success.

'Other similar children's nurseries dealt with and experiencing the very same may not have had the resources to survive as we have handled to do.

'We feel that our method has been completely vindicated by the appeals inspector.

'As both a company rates and a council tax payer it is incredibly worrying that the council's unreasonable behaviour has actually cost Southend on Sea City Council taxpayers so a lot. We sincerely hope that lessons will be gained from this judgement moving on and used appropriately.'

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

Cllr Anne Jones, cabinet member for planning, housing, and the local plan, said: 'The Council took a well balanced decision, acknowledging the benefits of the fencing for the nursery, while also acknowledging the harm its prominence caused to local character.

'We appreciate that the Planning Inspectorate reached a different view on where that balance should lie.'