A nursery that was at war with a 'ridiculous' council that had bought to take down a 6ft fence built to safeguard kids has actually won its battle.

Imperial Day Nursery, in Westcliff-on-sea, had introduced an appeal against Southend Council in 2015 after it ruled that it needs to remove or minimize the height of a substantial 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 an optimum height of 3.2 ft within three months.

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

When MailOnline had actually visited last October, parents had actually expressed their fury at the council, accusing them of prioritising the 'aesthetic appeals of the street' over the security of their kids.

But neighbours residing on the property street in the seaside suburb branded the fencing as 'awful and unsightly' and wanted it torn down.

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

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

The nursery has won an appeal against Southend Council after it ruled that it must remove or decrease the height of the substantial fence at the front of the residential or commercial property

Imperial Day Nursery then lodged a retrospective planning application, however the council declined it, declaring it was 'aesthetically 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 resulted in a triumph.

Andrew Walker, a preparing officer within the Planning Inspectorate, reversed the council's choice after a website check out in which he ruled the fence and other structures might stay intact, EssexLive reported.

He specified in his decision: 'I do not find that either appeal plan appears aesthetically popular, stark or materially out of keeping within the local context.

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

'The degree of fencing upon the frontage under both plans is fairly essential to separate the personal residential section from the industrial nursery area.'

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

The expenses decision reads: 'The Planning Practice Guidance advises that expenses might be awarded versus a celebration who has behaved unreasonably and thereby triggered the celebration looking for expenses to incur unnecessary or squandered expenditure in the appeal procedure.

'The Council refused the planning application and issued the subsequent enforcement notice 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 look of the site, the streetscene and the location more commonly.

'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 extremely extensive and high close-boarded fencing serving the Essex County Bowling Club, with long sections straight abutting the highway - quite 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 coming to its view.

'There is certainly absolutely nothing in the officer reports (on each appeal scheme) 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 declaration without mentioning, thinking about or examining the very apparent and substantial neighboring counterexample was both awry and unreasonable.

'It seems to me that, had the single main problem in disagreement been more correctly evaluated, there would have been no need for the appeals to have actually been made in the very first place which the appellant has been put to unnecessary expense.

'I therefore find that unreasonable behaviour leading to unneeded or lost expenditure, as described in the Planning Practice Guidance, has actually been demonstrated which full awards of expenses are warranted in respect of both appeals.'

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

Parents told how they would feel much safer if they fences remained in place as it blocks the general public from being able to see into the 'infant space' at the front of the structure

They state that prior to its usage, strangers could easily peer into the 'infant space' at the front of the building, and that the fence likewise allows children to securely play in the outside location in front of the residential or commercial property.

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

'You can't really see where the front door is unless you go all the method down there, so they're keeping gain access to paths good and tucked away.

'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 houses.

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

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

She informed of an incident, before the fencing which obstructs the window of the front space was set up, when a postman unintendedly dropped heavy parcels through the window of the child room.

She included: 'So it's not simply about keeping it shut off from people with destructive objectives, it's unintentional things as well.

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

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

'Surely protecting children and their safety is critical to visual appeals.

'I don't want my daughter in a room where individuals can just walk previous and browse.'

Another moms and dad had echoed the very same concerns, saying: 'As a teacher myself, I comprehend the value of securing kids, and I wouldn't desire the fence to be removed.

'My daughter goes to this nursery and my oldest simply began school however she went here the whole way through.

'It's a brilliant nursery and they've got the very 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 undoubtedly, that's various as a moms and dad than a complete stranger being able to look in.

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

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

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

'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 actually been reversed on appeal by the Planning Inspectorate

The council's enforcement notice for the removal of the fence had mentioned that the height, layout and 'strong appearance' of the fence considered it undesirable for the area.

The choice notification specified: 'The development at the website, by factor of its height, layout and level, and the solid appearance of the fencing within the frontage, appears aesthetically popular, stark, and materially out of keeping with the generally spacious setting of the surrounding location, and has actually resulted in considerable harm to the character and appearance of the site, the streetscene and the area more widely.'

Now, the Planning Inspectorate's appeal decision states that the fence does not appear 'extreme' or 'incongruous' and can stay standing.

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

'I understand why they did it, however preparing authorization is preparing approval and you have to follow it.

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

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

'And the planning was retrospective too.'

While the majority of parents said the fencing made them feel more secure, one parent stated the outside space is extremely hardly ever utilized.

She said: 'We're not too troubled in any case. I can understand that a few of the neighbours do not especially like it.

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

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

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

'And I've never seen anybody use that outdoor space. To my understanding, it's not really utilized.'

Another parent, however, stated he had actually pledged support for the nursery who at the time had a petition going.

He said: 'I've in fact emailed the nursery revealing assistance for their petition.

'It appears like the council is looking at the view of the location and the visual appeals than the safety 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 having the ability to take a look at the kids.'

A grandmother getting her grand son from the nursery added: 'I think it's horrible. The fence provides a little safety for the kids.

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

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

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