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[nove.team](https://nove.team/blog)<br>A nursery that was at war with a 'ludicrous' council that had ordered to take apart a 6ft fence built to protect kids has actually won its battle.<br> |
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<br>Imperial Day Nursery, in Westcliff-on-sea, had released an appeal against Southend Council last year after it ruled that it should get rid of or minimize the height of a big fence that towers at the front of the residential or commercial property.<br> |
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<br>An enforcement notification was provided by the local authority demanding it be ripped down or changed to a maximum height of 3.2 ft within 3 months.<br> |
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<br>Today, bringing an end to a years-long feud, the nursery has actually 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.<br> |
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<br>When MailOnline had gone to last October, parents had actually expressed their fury at the council, accusing them of prioritising the 'visual appeals of the street' over the safety of their children.<br> |
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<br>But neighbours residing on the residential street in the seaside suburb branded the fencing as 'horrible and unsightly' and wanted it took apart.<br> |
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<br>The nursery first ended up being swallowed up in the planning row in 2022 after a grievance was made regarding the structure which was put up without correct planning permissions in place.<br> |
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<br>Fences towering 1.83 m high were erected at the Imperial Day Nursery, in Westcliff-on-sea, to enable children to play exterior of public view<br> |
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<br>The nursery has won an appeal against Southend Council after it ruled that it must get rid of or reduce the height of the huge fence at the front of the residential or commercial property<br> |
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<br>Imperial Day Nursery then lodged a retrospective preparation application, but the council rejected it, declaring it was 'aesthetically prominent and plain' and 'out of keeping' with the surrounding area.<br> |
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<br>The nursery then stepped up its fight by appealing the council's enforcement action - which has led to a triumph.<br> |
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<br>Andrew Walker, a planning 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 undamaged, EssexLive reported.<br> |
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<br>He [mentioned](https://jassbrar.ca) in his decision: 'I do not discover that either appeal plan appears visually popular, plain or materially out of keeping within the regional context.<br> |
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<br>'No harm is triggered to the character and look of the website, street scene or location.<br> |
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<br>'The degree of fencing upon the frontage under both schemes is fairly necessary to separate the private property section from the business nursery section.'<br> |
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<br>The nursery has actually likewise been given a full award of costs against [Southend City](https://atworldproperties.co.za) board in addition to having the enforcement notification quashed and planning application given.<br> |
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<br>The costs choice reads: 'The Planning Practice Guidance advises that expenses may be awarded against a party who has behaved unreasonably and thus triggered the party getting expenses to incur unneeded or squandered cost in the [appeal procedure](https://2c.immo).<br> |
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<br>'The Council declined the planning application and released the subsequent enforcement notification on the basis of a single primary issue.<br> |
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<br>'Its case, which continued to be pursued in safeguarding the taking place appeals, was that the appeal developments considerably harmed the character and look of the site, the streetscene and the area more extensively.<br> |
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<br>'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.<br> |
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<br>'However, the local existence of the extremely substantial 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 same side of Imperial Avenue - does not appear to have actually been considered at all by the Council in concerning its view.<br> |
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<br>'There is definitely absolutely nothing in the officer reports (on each appeal plan) which describes it.<br> |
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<br>'Indeed, they say that "The streetscene in this part of Imperial Avenue has a strong open character with low front limit treatments ..." To make that statement without mentioning, considering or assessing the extremely obvious and significant neighboring counterexample was both wrong and unreasonable.<br> |
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<br>'It appears to me that, had the single primary problem in disagreement been more correctly assessed, there would have been no requirement for the appeals to have actually been made in the first place and that the appellant has actually been put to unnecessary expense.<br> |
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<br>'I for that reason find that unreasonable behaviour resulting in [unnecessary](https://www.vitalproperties.co.za) or wasted expense, as explained in the Planning Practice Guidance, has been shown which full awards of expenses are justified in respect of both appeals.'<br> |
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<br>Talking to MailOnline outside the nursery, moms and dads had actually previously informed of how they felt much safer with the structure being in place.<br> |
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<br>Parents told how they would feel much safer if they fences stayed in location as it obstructs the public from having the ability to see into the 'infant room' at the front of the structure<br> |
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<br>They say that prior to its use, strangers might easily peer into the 'child room' at the front of the structure, which the fence likewise enables children to securely play in the outdoor area in front of the [residential](https://renthouz.my) or commercial property.<br> |
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<br>One mom, Natalie Toby, stated: 'I'm a security advisor so from my viewpoint, it keeps kids concealed away from the general public walking past.<br> |
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<br>'You can't actually see where the front door is unless you go all the way down there, so they're keeping access routes nice and tucked away.<br> |
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<br>'The nursery has been here for 30 years so I do not see why the council are using the exact same rules that they would to domestic homes.<br> |
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<br>'New-build schools are being developed with fence lines not different to this, so why are they not permitting this?<br> |
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<br>'Surely the security of the kids is more crucial than the aesthetics.'<br> |
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<br>She told of an incident, before the fencing which obstructs the window of the front space was erected, when a postman unintendedly dropped heavy parcels through the window of the baby room.<br> |
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<br>She added: 'So it's not just about keeping it shut off from people with [malicious](https://katbe.com) objectives, it's accidental things too.<br> |
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<br>'They've got susceptible children in that front room, and having the fence up keeps the babies safe.<br> |
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<br>'It's absurd, I do not comprehend why the council are being so stubborn about it.<br> |
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<br>'Surely protecting kids and their safety is vital to aesthetic appeals.<br> |
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<br>'I don't want my child in a room where people can just walk previous and browse.'<br> |
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<br>Another parent had echoed the very same concerns, stating: 'As an myself, I comprehend the value of safeguarding kids, and I wouldn't want the fence to be removed.<br> |
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<br>'My daughter goes to this [nursery](https://commercialproperty.im) and my oldest simply started school but she went here the entire way through.<br> |
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<br>'It's a [dazzling nursery](https://number1property.com) and they've got the very best interest of the kids at heart.<br> |
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<br>'Prior to it being like this, you could see into the [baby space](https://libhomes.com).<br> |
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<br>'When my eldest was in the baby room, you might see her, you would be able to wave. But obviously, that's various as a parent than a stranger being able to search in.<br> |
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<br>'It feels a lot much safer now, understanding that no-one can see in or get in quickly. It's really secure.<br> |
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<br>'Having the fence also indicates they can utilize the outdoor space for kids. I believe they have Santa there at Christmas and things like that.'<br> |
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<br>She added: 'They do try and make it look as attractive as possible too, so they alter it seasonally, so it's all Halloween-themed at the moment.<br>[eu.org](https://helpcentre.svmetasearch.eu.org/en/home) |
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<br>'I do not believe it's an eyesore.'<br> |
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<br>Southend Council ordered for the fence to be removed or minimized in height after discovering that it was 'materially out of keeping' with the surrounding location. This has been overturned on appeal by the Planning Inspectorate<br> |
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<br>The council's enforcement notice for the elimination of the fence had mentioned that the height, layout and 'solid look' of the fence considered it inappropriate for the area.<br> |
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<br>The decision notice mentioned: 'The advancement at the website, by factor of its height, design and level, and the strong appearance of the fencing within the frontage, appears aesthetically popular, plain, and materially out of keeping with the generally spacious setting of the surrounding area, and has actually led to considerable harm to the character and look of the site, the streetscene and the area more extensively.'<br> |
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<br>But now, the Planning Inspectorate's appeal choice specifies that the fence does not appear 'extreme' or 'incongruous' and can remain standing.<br> |
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<br>Speaking with MailOnline, one neighbour had actually said of the advancement: 'It is a bit undesirable. I was impressed they were even allowed to put it up, but turns out they weren't.<br> |
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<br>'I comprehend why they did it, however preparing authorization is planning approval and you have to abide by it.<br> |
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<br>'My personal viewpoint is that it is a bit unattractive. It would have troubled me more if I was best next door to it. But even from here, it is undesirable.'<br> |
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<br>Another neighbour echoed the same issues, saying: 'It's not nice, it looks terrible.<br> |
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<br>'And the planning was retrospective as well.'<br> |
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<br>While many moms and dads stated the [fencing](https://mrentals.ca) made them feel safer, one moms and dad said the outdoor space is extremely seldom utilized.<br> |
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<br>She stated: 'We're not too bothered in either case. I can comprehend that a few of the neighbours don't particularly like it.<br> |
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<br>'Before it was up, we were funnelled a various way. So really you would only see into the baby room if you were queuing to pick up your kids. <br> |
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<br>'So, if you were a complete stranger not part of the nursery, you would need to in fact come off the street, stare in a window and be quite apparent about it.<br> |
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<br>'I understand the nursery are stating it's for safeguarding but when it's just the parents having a fast appearance in to see their kids, I do not think that's much of a problem.<br> |
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<br>'And I have actually never seen anyone use that outdoor space. To my understanding, it's not really utilized.'<br> |
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<br>Another parent, nevertheless, said he had vowed support for the nursery who at the time had a [petition](https://internationalpropertyalerts.com) going.<br> |
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<br>He said: 'I've really emailed the nursery showing assistance for their petition.<br> |
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<br>'It seems like the council is looking at the view of the place and the visual appeals than the safety of our kids.<br> |
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<br>'The entire point was to protect the kids.<br> |
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<br>'I feel a lot safer leaving my kid here knowing the fence is up.<br> |
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<br>'It stops individuals from seeing in and being able to look at the kids.'<br> |
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<br>A grandmother selecting up her grand son from the nursery added: 'I think it's horrible. The fence provides a little bit of security for the kids.<br> |
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<br>'It's very unusual that the council are doing this.'<br> |
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<br>The nursery stated: 'Imperial Day Nursery has successfully safeguarded itself in its disagreement with Southend City Council over the frontage of the residential or commercial property, both Nursery and residential.<br> |
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<br>'We are delighted with the result of the appeals including our applications for costs.<br> |
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