Wellington City Council has lost an appeal over the Environment Court's decision on a fence masquerading as a children's fort in Wellington, blocking million dollar views.
David Walmsley put up a 4m-high, 11m-long fence on his exclusive Maida Vale Rd property in Roseneath, using a legal technicality to gain council permits.
In the appeal decision released by the High Court in Wellington, the judge said the Walmsleys had originally wanted to build a 2m fence on top of a 2m retaining wall to gain privacy for the garden area, as their neighbours, Peter and Sylvia Aitchison, had a courtyard area overlooking it.
![The view from Peter Aitchison's apartment before the four-metre-high wooden fence blocked the view of Wellington City and Harbour. Photo/Mark Mitchell](https://www.nzherald.co.nz/resizer/v2/QCAPND3BU2GXND26I4OAKB4STU.jpg?auth=40ead72ed99f1dabf5ce455387b05db3e0a54ee65dc542a77c9256fae06c4bef&width=16&height=11&quality=70&smart=true)
But the total height didn't meet District Plan standards, so the Walmsleys instead put up a children's "play structure", which was subject to different standards than for fences. They got a building permit from the Wellington City Council and put up the fort.