Fence Row Victory - Leigh-on-Sea

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Leigh On Sea News: Fence Row Victory – A WESTCLIFF nursery has won its fight with the council to maintain a 6ft fence that was erected without planning permission.

Fence Row Victory – A WESTCLIFF nursery has won its fight with the council to maintain a 6ft fence that was erected without planning permission.

A WESTCLIFF nursery has won its fight with the council to maintain a 6ft fence that was erected without planning permission.

Imperial Day Nursery first became involved in the planning row in 2022 after a complaint was made regarding the structure.

The nursery launched an appeal against Southend Council last year after being issued with an enforcement notice demanding it be ripped down or amended to a maximum height of 3.2ft within three months.

The nursery contested the council’s ruling, stating that the fence was essential for children’s safety.

They then lodged a retrospective planning application, but the council rejected it, claiming the “solid appearance of the fencing within the frontage appears visually prominent, stark, and materially out of keeping with the typically spacious setting of the surrounding area.”

Now, however, the nursery has been told it can keep its fencing following an appeal decision carried out by Andrew Walker, a planning officer within the Planning Inspectorate.

He reversed the council’s decision after a site visit in April this year in which he ruled the fence and other structures could stay intact, insisting that “no harm is caused to the character and appearance of the site, street scene or area.”

Mr walker added: “The degree of fencing upon the frontage under both schemes is reasonably necessary to separate the private residential section from the commercial nursery section.’

In an additional victory, the nursery has also been granted a full award of costs against Southend City Council.

The nursery commented: “We are thrilled with the outcome of the appeals including our applications for costs.

“This matter has hung over the nursery for more than two years now and with associated costs amounting to just over £35,000 it has been a very heavy financial burden to bear with no guarantee of success.

“Other similar children’s nurseries treated and experiencing the same may not have had the resources to survive as we have managed to do.

“We feel that our approach has been fully vindicated by the appeals inspector.”

Coun Anne Jones, cabinet member for planning, housing, and the local plan, said: “The Council took a balanced decision, recognising the benefits of the fencing for the nursery, while also acknowledging the harm its prominence caused to local character.

“We respect that the Planning Inspectorate reached a different view on where that balance should lie.”

Picture: 1.83m high fences erected at the Imperial Day Nursery

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