A nursery that was at war with a 'ludicrous' council that had ordered to tear down a 6ft fence built to safeguard children has won its fight.

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

An enforcement notice was provided by the local authority demanding it be ripped down or modified to an optimum height of 3.2 feet within 3 months.

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

When MailOnline had checked out last October, moms and dads had revealed their fury at the council, accusing them of prioritising the 'aesthetic appeals of the street' over the security of their children.

But neighbours residing on the residential street in the seaside residential area branded the fencing as 'awful and unsightly' and desired it torn down.

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

Fences towering 1.83 m high were put up at the Imperial Day Nursery, in Westcliff-on-sea, to allow for children to play outside of public view

The nursery has actually won an appeal versus Southend Council after it ruled that it needs to eliminate or decrease the height of the substantial fence at the front of the residential or commercial property

Imperial Day Nursery then lodged a retrospective preparation application, however the council rejected it, claiming it was 'visually popular 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 actually resulted in a triumph.

Andrew Walker, a preparing officer within the Planning Inspectorate, reversed the council's decision after a site see in which he ruled the fence and other structures might remain undamaged, EssexLive reported.

He mentioned 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 harm is triggered to the character and appearance of the website, street scene or area.

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

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

The expenses choice reads: 'The Planning Practice Guidance encourages that expenses might be granted against a party who has behaved unreasonably and therefore triggered the celebration using for expenses to sustain unnecessary or wasted cost in the appeal process.

'The Council declined the preparation application and released the subsequent enforcement notification on the basis of a single primary concern.

'Its case, which continued to be pursued in defending the ensuing appeals, was that the appeal developments considerably damaged the character and appearance of the website, the streetscene and the location more widely.

'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 regional existence of the extremely comprehensive and high close-boarded fencing serving the Essex County Bowling Club, with long sections directly abutting the highway - rather close to the appeal residential or commercial property and on the exact same side of Imperial Avenue - does not appear to have actually been thought about 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 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 discussing, considering or assessing the very apparent and significant nearby counterexample was both amiss and unreasonable.

'It seems to me that, had the single primary concern in conflict been more effectively assessed, there would have been no requirement for the interest have been made in the first location and that the appellant has been put to unneeded cost.

'I therefore find that unreasonable behaviour resulting in unneeded or wasted expenditure, as explained in the Planning Practice Guidance, has actually been shown and that full awards of costs are warranted in respect of both appeals.'

Speaking with MailOnline outside the nursery, moms and dads had formerly told of how they felt safer with the structure being in place.

Parents told how they would feel more secure if they fences stayed in place as it blocks the general public from being able to see into the 'baby room' at the front of the structure

They state that prior to its use, complete strangers could quickly peer into the 'infant space' at the front of the building, which the fence likewise allows kids to safely 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 hidden 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 great and hid.

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

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

'Surely the security of the children is more vital than the visual appeals.'

She told of an event, 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 included: 'So it's not simply about keeping it closed off from people with destructive intents, it's unintentional things also.

'They have actually got susceptible children because front room, and having the fence up keeps the infants safe.

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

'Surely protecting kids and their safety is paramount to aesthetics.

'I do not want my daughter in a space where people can simply walk previous and browse.'

Another moms and dad had echoed the exact same concerns, saying: 'As an instructor myself, I comprehend the value of safeguarding children, and I wouldn't want the fence to be taken down.

'My daughter goes to this nursery and my eldest just started school however 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 resembling this, you might see into the infant room.

'When my eldest was in the infant room, you could see her, you would be able to wave. But clearly, that's different as a parent than a complete stranger having the ability to look in.

'It feels a lot more secure now, understanding that no-one can see in or get in easily. It's really protected.

'Having the fence likewise implies they can utilize the outside area for kids. I believe they have Santa there at Christmas and things like that.'

She added: 'They do attempt and make it look as attractive as possible too, so they alter 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 removed or minimized 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 look' of the fence deemed it undesirable for the area.

The decision notice specified: 'The advancement at the website, by reason of its height, design and extent, and the strong appearance of the fencing within the frontage, appears visually prominent, plain, and materially out of keeping with the normally large setting of the surrounding area, and has actually resulted in significant harm to the character and look of the website, the streetscene and the location more extensively.'

And now, the Planning Inspectorate's appeal choice states that the fence does not appear 'excessive' or 'incongruous' and can stay standing.

Talking to MailOnline, one neighbour had actually stated of the advancement: 'It is a bit unsightly. I was astonished they were even allowed to put it up, however turns out they weren't.

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

'My personal opinion is that it is a bit unpleasant. It would have bothered me more if I was ideal next door to it. But even from here, it is undesirable.'

Another neighbour echoed the same issues, saying: 'It's not nice, it looks horrible.

'And the preparation was retrospective too.'

While a lot of parents said the fencing made them feel much safer, one moms and dad said the outside area is really hardly ever utilized.

She stated: 'We're not too bothered either way. I can understand that some of the neighbours don't especially like it.

'Before it was up, we were funnelled a various method. So truly you would only see into the infant room 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, stare in a window and be quite obvious about it.

'I know the nursery are stating it's for securing however when it's just the parents having a glance in to see their kids, I don't think that's much of a problem.

'And I have actually never ever seen anybody usage that outside area. To my knowledge, it's not truly utilized.'

Another parent, however, stated he had actually promised assistance 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 visual appeals than the security of our kids.

'The entire point was to safeguard the kids.

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

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

A grandmother choosing up her grand son from the nursery included: 'I think it's awful. The fence gives a bit of safety for the children.

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

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

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

; This matter has actually hung over the nursery for more than 2 years now and with associated expenses amounting to just over ₤ 35,000 it has actually been a really heavy monetary problem to bear with no assurance of success.

'Other comparable children's nurseries treated and experiencing the very same may not have had the resources to survive as we have actually handled to do.

'We feel that our approach has actually been fully vindicated by the appeals inspector.

'As both a business rates and a council tax payer it is incredibly worrying that the council's unreasonable behaviour has actually cost Southend on Sea City board taxpayers so a lot. We all the best hope that lessons will be found out from this judgement progressing and used appropriately.'

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

Cllr Anne Jones, cabinet member for planning, housing, and the regional plan, said: 'The Council took a well balanced choice, acknowledging the advantages of the fencing for the nursery, while likewise acknowledging the harm its prominence triggered to regional character.

'We respect that the Planning Inspectorate reached a various view on where that balance need to lie.'