A local nursery in Westcliff, the Imperial Day Nursery, is in the midst of a battle with Southend Council over the future of a “big fence” installed to ensure the safety of children during outdoor playtime.

The Dispute: Safety vs. Aesthetics

The fence, standing at 1.83 metres, was put up to create a safe, enclosed space where the nursery’s children could play without concerns about being overlooked by neighbouring properties. However, the installation occurred without the necessary planning permissions, leading the council to take action.

Southend Council labelled the fence as “overly dominant” and out of character with the surrounding area, prompting an enforcement notice demanding its removal. Planning officers referred to the fence as “prominent and stark,” and although retrospective planning permission was sought by the nursery, it was rejected by the council. The council’s primary concern was that the unauthorised fence was causing “significant harm” to the character and appearance of the site and the surrounding area.

Council’s Offer of Compromise

The council, while enforcing action, did offer a potential compromise. The fence could remain, but only if it were reduced to a height of no more than one metre. This would bring it into compliance with permitted development limitations and presumably address the aesthetic concerns the council had raised.

However, the nursery has not accepted this alternative and has instead launched an appeal with the planning inspectorate, seeking to retain the fence at its current height. According to the nursery, the larger fence is crucial for maintaining the children’s privacy and ensuring their safety during outdoor activities.

Local Reaction

James Courtenay, a local councillor responsible for the Chalkwell ward, has expressed sympathy for both sides of the argument. He acknowledges the importance of having a safe outdoor play space but also understands the council’s concerns over the size and visual impact of the fence.

“I get it as it is always great to have an outdoor space to play in,” he said. “But you need to take into account how it looks as well, and it is not in keeping with the rest of the area. It is a great, big fence.”

Courtenay believes that a compromise could be reached that would satisfy both the nursery’s safety needs and the council’s desire to preserve the aesthetic of the area. “There must be something they can do for a happy medium, so kids still have a place outdoors but something that isn’t an eyesore.”

Planning Inspectorate Appeal

The next stage in this ongoing saga lies in the hands of the planning inspectorate. The nursery is hopeful that their appeal will result in the fence being allowed to remain in its current form, safeguarding the outdoor play space for their children.

In the meantime, the case has stirred up local debate, with opinions divided between supporting the nursery’s need for a safe, enclosed play area and concerns about the fence’s impact on the appearance of the neighbourhood.

Case Study: A Balancing Act in Community Planning

This case highlights the delicate balancing act that councils often face in community planning. On one hand, they have a duty to ensure that new developments and modifications, such as fences, are in keeping with the local character and do not detract from the overall aesthetics of the neighbourhood. On the other hand, they must also consider the practical needs of local businesses and residents—in this case, a nursery whose primary concern is the safety and well-being of children.

One potential solution could involve the nursery and council working together on a design for the fence that meets both safety requirements and aesthetic considerations. For example, the height could be lowered while additional planting or screening could be used to maintain privacy for the children.

The planning inspectorate will now assess the situation and decide whether the fence can remain or must be altered. Whatever the outcome, this case serves as a reminder of the challenges involved in balancing the needs of businesses, residents, and the overall community aesthetic.

“There must be something they can do for a happy medium, so kids still have a place outdoors but something that isn’t an eyesore.” — James Courtenay, Chalkwell Ward Councillor.

What do you think? Should the nursery’s need for child safety trump the council’s concerns about aesthetics, or is there a better middle ground to be found? Let us know your thoughts in the comments or join the conversation on social media.