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A nursery that was at war with a 'absurd' council that had purchased to take apart a 6ft fence developed to safeguard children has won its fight.

Imperial Day Nursery, in Westcliff-on-sea, had actually launched an appeal against Southend Council in 2015 after it ruled that it needs to eliminate or reduce the height of a huge 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 3 months.

But 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 'popular' or 'out of keeping' with the character of the area and criticised the council for 'unreasonable' behaviour.

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

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

The nursery initially became swallowed up in the preparation row in 2022 after a complaint was made regarding the structure which was put up without appropriate planning approvals in location.

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

The nursery has won an appeal against Southend Council after it ruled that it must 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, but 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 resulted in a triumph.

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 could stay undamaged, EssexLive reported.

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

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

'The degree of fencing upon the frontage under both schemes is fairly essential to separate the private property area from the business nursery section.'

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

The costs decision reads: 'The Planning Practice Guidance recommends that costs might be awarded versus a party who has actually acted unreasonably and therefore triggered the celebration looking for expenses to incur unneeded or lost expenditure in the appeal procedure.

'The Council refused the planning application and provided the subsequent enforcement notice on the basis of a single main issue.

'Its case, which continued to be pursued in defending the ensuing appeals, was that the appeal advancements considerably hurt 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 regional existence of the extremely substantial and high close-boarded fencing serving the Essex County Bowling Club, with long areas straight abutting the highway - quite near to the appeal residential or commercial property and on the exact same side of Imperial Avenue - does not appear to have been considered at all by the Council in concerning its view.

'There is certainly nothing in the officer reports (on each appeal plan) which refers to it.

'Indeed, they say 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 assessing the extremely apparent and significant nearby counterexample was both awry and unreasonable.

'It appears to me that, had the single primary issue in conflict been more effectively evaluated, there would have been no requirement for the interest have been made in the very first place and that the appellant has been put to unnecessary expenditure.

'I for that reason find that unreasonable behaviour leading to unnecessary or wasted expense, as explained in the Planning Practice Guidance, has been demonstrated which complete awards of expenses are warranted in regard of both appeals.'

Speaking with MailOnline outside the nursery, moms and dads had previously informed of how they felt safer with the structure remaining in place.

Parents told 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 'child space' at the front of the structure

They state that previous to its use, strangers might quickly peer into the 'child room' at the front of the structure, and that the fence also permits children to securely play in the outside location in front of the residential or commercial property.

One mom, Natalie Toby, said: 'I'm a security consultant so from my viewpoint, it keeps children concealed away from the 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 paths great and stashed.

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

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

'Surely the security of the children is more crucial than the aesthetic 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 infant room.

She added: 'So it's not almost keeping it closed off from individuals with harmful intentions, it's unintentional things as well.

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

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

'Surely securing children and their safety is paramount to looks.

'I do not desire my daughter in a space where people can simply walk past and check out.'

Another moms and dad had echoed the same issues, saying: 'As an instructor myself, I comprehend the importance of protecting kids, and I would not want the fence to be removed.

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

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

'Prior to it being like this, you could see into the child space.

'When my eldest remained in the child room, you might see her, you would be able to wave. But clearly, that's different as a moms and dad than a complete stranger having the ability to look in.

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

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

She added: '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 do not think it's an eyesore.'

Southend Council ordered for the fence to be removed or decreased in height after discovering that it was 'materially out of keeping' with the surrounding area. This has actually been overturned on appeal by the Planning Inspectorate

The council's enforcement notification for the elimination of the fence had actually stated that the height, design and 'strong look' of the fence deemed it unacceptable for the location.

The decision notification mentioned: 'The development at the website, by reason of its height, design and level, and the strong look of the fencing within the frontage, appears aesthetically popular, plain, and materially out of keeping with the usually spacious setting of the surrounding area, and has actually led to considerable harm to the character and look of the website, the streetscene and the area more commonly.'

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

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

'I comprehend why they did it, however planning permission is preparing permission and you have to follow it.

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

Another neighbour echoed the same concerns, saying: 'It's not great, it looks dreadful.

'And the preparation was retrospective as well.'

While most parents stated the fencing made them feel much safer, one moms and dad said the outside space is very hardly ever utilized.

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

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

'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 know the nursery are stating it's for safeguarding however when it's simply the parents having a peek in to see their kids, I do not believe that's much of a problem.

'And I have actually never ever seen anyone use that outdoor area. To my knowledge, it's not actually utilized.'

Another moms and dad, however, said he had actually vowed support for the who at the time had a petition going.

He said: 'I've actually emailed the nursery showing assistance for their petition.

'It seems like the council is taking a look at the view of the location and the aesthetic appeals than the safety of our kids.

'The whole point was to protect the kids.

'I feel a lot more secure 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 choosing up her grandson from the nursery added: 'I believe it's dreadful. The fence offers a bit of safety for the children.

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

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

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