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<br>A nursery that was at war with a 'ludicrous' council that had actually purchased to take apart a 6ft fence built to safeguard children has actually won its battle.<br> |
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<br>Imperial Day Nursery, in Westcliff-on-sea, had released an appeal versus Southend Council last year after it ruled that it needs to remove or decrease 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 notice was released by the local authority demanding it be ripped down or changed to a maximum height of 3.2 feet within three months.<br> |
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<br>Today, 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 'prominent' or 'out of keeping' with the character of the city and criticised the council for ['unreasonable' behaviour](https://lewisandcorealty.ca).<br> |
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<br>When MailOnline had actually checked out last October, moms and dads had revealed their fury at the council, accusing them of prioritising the 'looks of the street' over the security of their kids.<br> |
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<br>But neighbours surviving on the residential street in the seaside residential area branded the fencing as 'horrible and unsightly' and desired it took apart.<br> |
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<br>The nursery first ended up being swallowed up in the preparation row in 2022 after a grievance was made concerning the structure which was set up without appropriate preparation consents in location.<br> |
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<br>Fences towering 1.83 m high were put up at the Imperial Day Nursery, in Westcliff-on-sea, to [enable children](https://royalestatesdxb.com) to play beyond public view<br> |
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<br>The nursery has actually won an appeal against Southend Council after it ruled that it needs to eliminate or lower the height of the big 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, however the council rejected it, declaring it was 'visually popular 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 resulted in a success.<br> |
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<br>Andrew Walker, a preparing officer within the Planning Inspectorate, reversed the council's choice after a website visit in which he ruled the fence and other structures might remain undamaged, EssexLive reported.<br> |
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<br>He specified in his choice: 'I do not find that either appeal scheme appears visually prominent, plain or materially out of keeping within the [regional context](https://atofabproperties.com).<br> |
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<br>'No harm is triggered to the character and appearance of the site, street scene or area.<br> |
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<br>'The degree of fencing upon the frontage under both schemes is reasonably essential to separate the personal domestic section from the commercial nursery area.'<br> |
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<br>The nursery has also been approved a complete award of expenses against Southend City Council in addition to having the enforcement notice quashed and planning application granted.<br> |
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<br>The costs choice reads: 'The Planning Practice Guidance encourages that costs might be awarded versus a celebration who has actually acted unreasonably and thereby caused the celebration looking for expenses to sustain unnecessary or lost expense in the appeal procedure.<br> |
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<br>'The Council refused the planning application and released the subsequent enforcement notice on the basis of a single primary issue.<br> |
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<br>'Its case, which [continued](https://www.grad-group.com) to be pursued in protecting the taking place appeals, was that the appeal developments substantially harmed the character and appearance of the website, the streetscene and the location more commonly.<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 regional existence of the very comprehensive and high close-boarded fencing serving the Essex County Bowling Club, with long areas straight abutting the highway - quite near the appeal residential or commercial property and on the same side of Imperial Avenue - does not appear to have been considered at all by the Council in coming to its view.<br> |
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<br>'There is definitely nothing in the officer reports (on each appeal scheme) which refers to it.<br> |
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<br>'Indeed, they state that "The streetscene in this part of Imperial Avenue has a strong open character with low front limit treatments ..." To make that declaration without mentioning, considering or evaluating the extremely obvious and considerable neighboring counterexample was both awry and unreasonable.<br> |
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<br>'It appears to me that, had the single primary problem in disagreement been more effectively evaluated, there would have been no need for the appeals to have been made in the first place which the appellant has actually been put to unneeded cost.<br> |
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<br>'I therefore find that unreasonable behaviour leading to unnecessary or wasted expense, as described in the Planning Practice Guidance, has been shown and that complete awards of costs are warranted in regard of both appeals.'<br> |
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<br>Speaking to MailOnline outside the nursery, moms and dads had previously told of how they felt much safer with the structure being in place.<br> |
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<br>Parents informed how they would feel more secure if they fences stayed in place as it obstructs the general public from being able to see into the 'baby space' at the front of the building<br> |
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<br>They state that prior to its usage, strangers might [easily peer](https://renthouz.my) into the 'child space' at the front of the building, which the fence also allows kids to safely play in the outside area in front of the residential or commercial property.<br> |
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<br>One mother, Natalie Toby, stated: 'I'm a security consultant so from my perspective, it keeps kids hidden away from the general public strolling past.<br> |
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<br>'You can't truly see where the front door is unless you go all the way down there, so they're keeping gain access to routes good and hid.<br> |
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<br>'The nursery has been here for thirty years so I do not see why the [council](https://commercialproperty.im) are using the very same rules that they would to domestic residences.<br> |
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<br>'New-build schools are being developed with fence lines not [dissimilar](https://lc-realestatemz.com) to this, so why are they not enabling this?<br> |
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<br>'Surely the safety of the kids is more vital than the aesthetic appeals.'<br> |
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<br>She informed of an occurrence, 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 child room.<br> |
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<br>She added: 'So it's not almost keeping it closed off from people with destructive intents, it's unexpected things too.<br> |
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<br>'They've got susceptible kids because front room, and having the fence up keeps the children safe.<br> |
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<br>'It's absurd, I do not comprehend why the council are being so persistent about it.<br> |
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<br>'Surely safeguarding children and their security is vital to visual appeals.<br> |
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<br>'I do not want my child in a room where people can just stroll past and look through.'<br> |
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<br>Another parent had actually echoed the very same concerns, saying: 'As an instructor myself, I understand the significance of safeguarding children, and I wouldn't desire the fence to be removed.<br> |
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<br>'My daughter goes to this nursery and my eldest simply started school but she went here the entire way through.<br> |
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<br>'It's a brilliant nursery and they've got the very best interest of the kids at heart.<br> |
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<br>'Prior to it resembling this, you might see into the child room.<br> |
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<br>'When my eldest remained in the baby space, you might see her, you would be able to wave. But certainly, that's various as a parent than a complete stranger having the ability to look in.<br> |
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<br>'It feels a lot safer now, understanding that no-one can see in or get in quickly. It's extremely safe and secure.<br> |
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<br>'Having the fence likewise [implies](https://salonrenter.com) they can use the outside area for kids. I believe they have Santa there at Christmas and stuff like that.'<br> |
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<br>She included: 'They do try and make it look as appealing as possible too, so they alter it seasonally, so it's all Halloween-themed at the moment.<br> |
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<br>'I do not believe it's an eyesore.'<br> |
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<br>Southend Council purchased for the fence to be taken down or lowered in height after discovering that it was 'materially out of keeping' with the surrounding area. This has been reversed on appeal by the Planning Inspectorate<br> |
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<br>The council's enforcement notice for the removal of the fence had mentioned that the height, design and 'solid look' of the fence deemed it inappropriate for the location.<br> |
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<br>The decision notification specified: 'The development at the site, by reason of its height, design and degree, and the strong appearance of the fencing within the frontage, appears aesthetically popular, stark, and materially out of keeping with the typically spacious setting of the surrounding area, and has led to substantial harm to the character and appearance of the site, the streetscene and the area more commonly.'<br> |
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<br>But now, the Planning Inspectorate's appeal choice states that the fence does not appear 'excessive' or 'incongruous' and can remain standing.<br> |
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<br>Speaking with MailOnline, one neighbour had stated of the development: 'It is a bit unsightly. I was amazed they were even enabled to put it up, but turns out they weren't.<br> |
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<br>'I understand why they did it, but planning permission is [preparing approval](https://premiergroup-eg.com) and you need to abide by it.<br> |
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<br>'My individual viewpoint is that it is a bit unsightly. It would have bothered me more if I was ideal 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 awful.<br> |
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<br>'And the planning was retrospective too.'<br> |
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<br>While many moms and dads stated the fencing made them feel safer, one moms and dad stated the outdoor space is extremely rarely used.<br> |
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<br>She stated: 'We're not too bothered either method. I can comprehend that a few of the neighbours do not particularly like it.<br> |
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<br>'Before it was up, we were funnelled a various method. So actually you would just see into the baby room if you were queuing to choose up your kids. <br> |
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<br>'So, if you were a stranger not part of the nursery, you would have to in fact come off the street, look in a window and be quite obvious about it.<br> |
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<br>'I understand the nursery are stating it's for securing but when it's just the parents having a fast appearance in to see their kids, I do not believe that's much of a problem.<br> |
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<br>'And I have actually never seen anybody use that outside space. To my understanding, it's not actually used.'<br> |
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<br>Another moms and dad, however, stated he had vowed support for the nursery who at the time had a petition going.<br> |
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<br>He said: 'I've actually emailed the nursery revealing support for their petition.<br> |
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<br>'It appears like the council is taking a look at the view of the place and the aesthetics than the security of our kids.<br> |
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<br>'The entire point was to safeguard the kids.<br> |
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<br>'I feel a lot more secure leaving my kid here understanding the fence is up.<br> |
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<br>'It stops people from seeing in and being able to take a look at the kids.'<br> |
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<br>A grandma getting her grand son from the nursery included: 'I believe it's terrible. The fence gives a little safety for the children.<br> |
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<br>'It's very odd that the council are doing this.'<br> |
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<br>The nursery said: 'Imperial Day Nursery has successfully protected itself in its dispute with board over the frontage of the residential or commercial property, both Nursery and residential.<br> |
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<br>'We are thrilled with the outcome of the appeals including our applications for expenses.<br> |
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