The Environment Court Rules Against Four-Meter High Fence That Blocks View of Panoramic Harbor From Couple's Property

The Environment Court has intervened in a case involving a fence that is blocking the view of a panoramic harbor vista from a Wellington apartment.

According to Domain, Peter and Sylvia Aitchison has approached the Wellington City Council to seek help in convincing the Environment Court judge to order David Walmsley to at least reduce the four-meter high child's play fort that he had built. The high fence was blocking the view of the Wellington Harbor from the Aitchisons' Maida Vale Rd residence in the area of Roseneath.

According to the online site, the couple have been presenting evidence from specialists of how the fence had stripped $NZ900,000 ($839,000) off the value of their $NZ1.6 million ($1.49 million) property. Upon hearing of the unusual case applied under the Resource Management Act judge and Environmental Commissioner Ian Buchanan paid the property a visit. And together with a Wellington town planner, the judge believes that the view-blocking fort was offensive.

According to Domain, the judge said that Walmsley was wrong to assume that he was allowed to build without any regard for the couple, his neighbors. Judge Buchanan said, "There was a deliberate refusal to consider any remedy of the effects. He said in so many words, that he was not obliged to have regard and did not do so."

The Aitchisons now have a month to seek an enforcement order that the court will sign so Walmsley will be forced to take down the view-obstructing fort. The couple are happy with the court's decision. After the ruling last Friday, Mr. Aitchison shared, "We've avoided our house, it's been so unpleasant living with that wall, we've spent a lot of time out of town." He added, "Who would want people standing on the ramp up there, looking in? Every time they got on the walkway we'd have to pull our curtains."