Parents fury as council orders nursery to tear down 6ft privacy fence

Parents have spoken of their fury after a 'ridiculous' council ordered a nursery to tear down a 6ft fence that was built to safeguard children while playing outside.

Imperial Day Nursery, in Westcliff-on-sea, has launched an appeal against Southend Council after it ruled that it must remove or reduce the height of a huge fence that towers at the front of the property.

Situated on a residential road in the seaside suburb, neighbours say the fencing - which is 6ft high - looks ‘terrible and unsightly’.

But parents of children attending the nursery accuse the council of prioritising the ‘aesthetics of the street’ over the safety of their children as they campaign for the fence to stay up.

The nursery first became engulfed in a planning row with the council in 2022 after a complaint was made regarding the structure which was built without proper planning permissions in place. 

Imperial Day Nursery then lodged a retrospective planning application, but the council rejected it, claiming it was ‘visually prominent and stark’ and ‘out of keeping’ with the surrounding area.

The nursery has now stepped up its fight by appealing the council’s enforcement action.

Speaking to MailOnline outside the nursery, parents told of how they feel safer with the structure being in place.

They say that prior to its use, strangers could easily peer into the ‘baby room’ at the front of the building, and that the fence also allows children to safely play in the outdoor area in front of the property.

One mother, Natalie Toby, said: ‘I’m a security advisor so from my point of view, it keeps children hidden away from the public walking past.

‘You can’t really see where the front door is unless you go all the way down there, so they’re keeping access routes nice and tucked away.

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

‘New-build schools are being built with fence lines not dissimilar to this, so why are they not allowing this?

‘Surely the safety of the children is more important than the aesthetics.’

She told of an incident, 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 baby room.

She added: ‘So it’s not just about keeping it closed off from people with malicious intentions, it’s accidental things as well.

‘They’ve got vulnerable children in that front room, and having the fence up keeps the babies safe.

‘It’s ridiculous, I don’t understand why the council are being so stubborn about it.

‘Surely safeguarding children and their safety is paramount to aesthetics.

‘I don’t want my daughter in a room where people can just walk past and look through.’

Another parent echoed the same concerns, saying: ‘As a teacher myself, I understand the importance of safeguarding children, and I wouldn’t want the fence to be taken down.

‘My daughter goes to this nursery and my eldest just started school but she went here the whole way through.

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

‘Prior to it being like this, you could see into the baby room.

‘When my eldest was in the baby room, you could see her, you would be able to wave. But obviously, that’s different as a parent than a stranger being able to look in.

‘It feels a lot safer now, knowing that no-one can see in or get in easily. It’s very secure.

‘Having the fence also means they can use the outdoor space for kids. I think they have Santa there at Christmas and stuff 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 moment.

‘I don’t think it’s an eyesore.'

The council’s enforcement notice for the removal of the fence states that the height, layout and ‘solid appearance’ of the fence deems it unacceptable for the area.

It reads: ‘The development at the site, by reason of its height, layout and extent, and 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, and has resulted in significant harm to the character and appearance of the site, the streetscene and the area more widely.’

Speaking to MailOnline, one neighbour said of the development: ‘It is a bit unsightly. I was amazed they were even allowed to put it up, but turns out they weren’t.

‘I understand why they did it, but planning permission is planning permission and you have to abide by it.

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

Another neighbour echoed the same concerns, saying: ‘It’s not nice, it looks awful.

‘And the planning was retrospective as well.’

While most parents said the fencing made them feel safer, one parent said the outdoor space is very rarely used.

She said: ‘We’re not too bothered either way. I can understand that some of the neighbours don’t particularly like it.

‘Before it was up, we were funnelled a different way. So really you would only see into the baby room if you were queuing to pick up your children.

‘So, if you were a stranger not part of the nursery, you would have to actually come off the street, stare in a window and be quite obvious about it.

‘I know the nursery are saying it's for safeguarding but when it’s just the parents having a quick look in to see their children, I don’t think that’s much of an issue.

‘And I’ve never seen anyone use that outdoor space. To my knowledge, it’s not really used.’

Another parent, however, said he has pledged support for the nursery.

He said: ‘I’ve actually emailed the nursery showing support for their petition.

‘It seems like the council is looking at the view of the place and the aesthetics than the safety of our kids.

‘The whole point was to protect the kids.

‘I feel a lot safer leaving my kid here knowing the fence is up.

‘It stops people from seeing in and being able to look at the kids.’

A grandmother picking up her grandson from the nursery added: ‘I think it’s terrible. The fence gives a bit of safety for the children.

‘It’s very strange that the council are doing this.’

Cllr Anne Jones, cabinet member for planning and housing, said: 'We do not comment on the specifics of ongoing planning enforcement investigations. 

'Safety is always a priority in planning decisions, but there is no need for such considerations to result in harm to the character of an area. 

'We always seek to work with applicants to try and find solutions and formal planning enforcement action is only taken where necessary.'