Roseneath fence saga back in court

Peter Aitchison said the fence battle had gone on for 20 years, its roots in a strange old struggle between a neighbour and a long-gone property developer. Photo / Mark Mitchell

The battle over the notorious Roseneath fence which blocked a million-dollar view is back in court.

Peter and Sylvia Aitchison took legal action when their neighbour, David Walmsley, built a four-metre wooden fence blocking the couple's sea views in their Maida Vale Rd home.

Earlier this year, the Environment Court ordered the controversial fence to be removed and the couple were later awarded $72,500.

In a published decision at the time, the Environment Court found the fence was "dominant and overbearing".

Judge Brian Dwyer said the Aitchisons were "put to unnecessary expense" due to the fence.

" . . . the Court found the nature of the adverse effects to be extreme and concurred with the observation of the Aitchisons' planning witness that they were 'grossly offensive'."

While the fence is now gone, the legal wall continues.

The Wellington City Council said it was appealing the court's decision because it had city wide implications.

The council's lawyer says he wants to make it very clear this was not a challenge to the unacceptability of what was built in front of the Aitchison's home, the council had always been of the opinion that was unacceptable.

Mr Aitchison previously told the Herald his Maida Vale Rd home was devalued by a minimum of $900,000 when the fence was built.

He said the fence battle had gone on for 20 years, its roots in a strange old struggle between a neighbour and a long-gone property developer.

"The poles went up in March. He actually put [in] these poles, like a hundred poles, and they sat for about a month," Mr Aitchison said.

"And then all of a sudden, three guys arrived. It went up over about 10 days I guess.

"The structure was a kids' fort, and Wellington City Council gave it the thumbs-up."