Nursery Wins Fight against 'Ridiculous' Council Over 6ft Fence

by Clayton Guerra on 3 hours ago

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<a href="https://www.simpli.com/lifestyle/fastest-way-sell-home-tips-tricks?ad=dirN&qo=serpIndex&o=740008&origq=homes"><img src="https://privateproperty.ng/news/wp-content/uploads/2022/09/real-estate.webp"; style="max-width:410px;float:right;padding:10px 0px 10px 10px;border:0px;" alt="" /></a> A nursery that was at war with a 'ridiculous' council that had purchased to take apart a 6ft fence constructed to secure children has actually 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 must eliminate or lower the height of a huge fence that towers at the front of the residential or commercial property.

An enforcement notice was issued by the regional authority demanding it be ripped down or modified to a maximum height of 3.2 feet within three months.

But now, bringing an end to a years-long fight, the nursery has actually been informed 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 <a href="https://www.realty.solitudestandard.com">criticised</a>; the <a href="https://integratedproperties.ae">council</a>; for 'unreasonable' behaviour.

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

But neighbours living on the residential street in the seaside suburban area branded the fencing as 'dreadful and unattractive' and wanted it took down.

The nursery initially became swallowed up in the preparation row in 2022 after a grievance was made concerning the structure which was erected without proper planning authorizations in location.

Fences towering 1.83 m high were set up at the Imperial Day Nursery, in Westcliff-on-sea, to enable children to play beyond public view <a href="https://www.questionsanswered.net/article/how-price-your-home?ad=dirN&qo=serpIndex&o=740012&origq=homes"><img src="https://www.thecable.ng/wp-content/uploads/2023/11/National-Housing-Programme.jpg"; style="max-width:400px;float:left;padding:10px 10px 10px 0px;border:0px;" alt="" /></a>

The nursery has won an appeal versus Southend Council after it ruled that it needs to eliminate or minimize 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 it, claiming it was 'aesthetically prominent and stark' and 'out of keeping' with the surrounding area.

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

Andrew Walker, a preparing officer within the <a href="https://grannyflat.rentals">Planning</a>; Inspectorate, reversed the council's choice after a site go to in which he ruled the fence and other structures might stay intact, EssexLive reported.

He stated in his decision: 'I do not discover that either appeal scheme appears aesthetically prominent, plain or materially out of keeping within the local context.

'No damage is triggered to the character and appearance of the website, street scene or location. <img src="https://images.propertypro.ng/large/4-units-of-3-bedrooms-flats-92lKn-1649784.jpeg"; style="max-width:410px;float:right;padding:10px 0px 10px 10px;border:0px;" alt="" />

'The degree of fencing upon the frontage under both plans is reasonably necessary to separate the private property area from the commercial <a href="https://torontocondosforsale.ca">nursery</a>; section.'

The <a href="https://myrits.com">nursery</a>; has also been approved a complete award of costs versus Southend City Council in addition to having the enforcement notice quashed and planning application granted.

The expenses choice reads: 'The Planning Practice Guidance advises that expenses might be granted against a celebration who has behaved unreasonably and thus triggered the celebration making an application for expenses to incur unneeded or wasted cost in the appeal procedure.

'The Council declined the planning application and released 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 substantially damaged the character and look of the website, the streetscene and the area 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 local presence of the extremely comprehensive and high close-boarded fencing serving the Essex County Bowling Club, with really long sections directly abutting the highway - rather close to the appeal residential or commercial property and on the very same side of Imperial Avenue - does not appear to have been considered at all by the <a href="https://arkagroup.pro">Council</a>; 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 limit treatments ..." To make that statement without mentioning, considering or assessing the very obvious and significant close-by counterexample was both amiss and unreasonable.

'It appears to me that, had the single main issue in disagreement been more effectively examined, there would have been no need for the attract have been made in the very first location which the appellant has been put to unneeded expense.

'I for that reason discover that unreasonable behaviour leading to unneeded or wasted expenditure, as explained in the Planning Practice Guidance, has actually been shown and that complete awards of expenses are warranted in regard of both appeals.'

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

Parents informed how they would feel safer if they fences remained in place as it obstructs the general public from having the ability to see into the 'infant room' at the front of the building

They say that previous to its usage, complete strangers could easily peer into the 'child space' at the front of the structure, which the fence also enables kids to safely play in the outside area 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 children concealed away from the 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 paths nice and stashed.

'The nursery has actually been here for thirty years so I do not see why the council are using the same guidelines that they would to domestic homes.

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

'Surely the safety of the children is more important than the visual appeals.'

She told of an event, before the fencing which blocks the window of the front space was erected, when a postman unintendedly dropped heavy parcels through the window of the baby space.

She included: 'So it's not almost keeping it closed off from individuals with malicious intents, it's unexpected things also. <img src="https://ideas.ted.com/wp-content/uploads/sites/3/2017/05/featured_art_affordable_housing.jpg"; style="max-width:450px;float:left;padding:10px 10px 10px 0px;border:0px;" alt="" />

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

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

'Surely protecting children and their security is paramount to looks.

'I don't desire my daughter in a space where individuals can simply walk past and browse.'

Another parent had actually echoed the exact same issues, stating: 'As a teacher myself, I comprehend the significance of safeguarding children, and I would not desire the fence to be taken down.

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

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

'Prior to it being like this, you might see into the infant space.

'When my eldest was in the baby space, you could see her, you would be able to wave. But clearly, 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 secure.

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

She included: 'They do try and make it look as appealing as possible too, so they change 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 taken down or lowered in height after finding that it was 'materially out of keeping' with the surrounding area. This has been reversed 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 appearance' of the fence deemed it inappropriate for the area.

The choice notice stated: 'The advancement at the site, by factor of its height, layout and level, and the strong look of the fencing within the frontage, appears visually prominent, stark, and materially out of keeping with the typically roomy setting of the surrounding area, and has resulted in substantial harm to the character and look of the website, the streetscene and the location more commonly.'

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

Speaking with MailOnline, one neighbour had stated of the advancement: 'It is a bit undesirable. I was amazed they were even permitted to put it up, however turns out they weren't.

<a href="https://www.propertylocation.co.uk">'I comprehend</a> why they did it, however preparing approval is planning authorization and you have to follow it.

'My individual opinion is that it is a bit <a href="https://jnnestate.com">undesirable</a>;. 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 same concerns, saying: 'It's not nice, it looks terrible.

'And the preparation was retrospective as well.'

While a lot of parents said the fencing made them feel much safer, one parent stated the <a href="https://infinityhousing.in">outdoor</a>; area is extremely hardly ever used.

She stated: 'We're not too bothered either method. I can comprehend that a few of the neighbours don't particularly like it.

'Before it was up, we were funnelled a different method. So truly you would only see into the infant room if you were queuing to select up your kids.

'So, if you were a complete stranger not part of the nursery, you would have to really come off the street, look in a window and be quite apparent about it. <img src="https://res.cloudinary.com/perryhomes/image/upload/c_limit,w_3840/f_auto/q_auto/PH.com4_Hero_Perry_1512x650_lf0ty3?_a\u003dBAVAfVDW0"; style="max-width:410px;float:left;padding:10px 10px 10px 0px;border:0px;" alt="" />

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

'And I have actually never seen anybody use that outdoor area. To my understanding, it's not truly used.'

Another moms and dad, however, stated he had promised support for the nursery who at the time had a petition going.

He said: 'I've really emailed the nursery showing support for their petition.

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

'The entire point was to safeguard the kids.

'I feel a lot more secure leaving my kid here understanding the fence is up.

'It stops people from seeing in and having the ability to take a look at the kids.'

A granny choosing up her grand son from the nursery included: 'I think it's horrible. The fence offers a little safety for the children.

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

The nursery said: 'Imperial Day Nursery has actually effectively safeguarded itself in its dispute with Southend City Council 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 actually hung over the nursery for more than 2 years now and with associated costs amounting to just over ₤ 35,000 it has actually been an extremely heavy monetary problem to bear with no guarantee of success.

'Other comparable children's nurseries treated and experiencing the exact same might not have had the resources to make it through as we have actually handled to do. <img src="https://marketplace.canva.com/EAF6nmbUlhg/1/0/1600w/canva-black-and-gold-flat-illustrative-real-estate-logo-Jj0rP4nw9ug.jpg"; style="max-width:400px;float:left;padding:10px 10px 10px 0px;border:0px;" alt="" />

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

'As both a company rates and a council tax payer it is exceptionally concerning that the council's unreasonable behaviour has cost Southend on Sea City board taxpayers so very much. We genuinely hope that lessons will be learnt from this judgement progressing and applied appropriately.'

The council have given that acknowledged the <a href="https://horizonstays.co.uk">Planning Inspectorate's</a> choice.

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

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

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