30 Oct 2015

Fence battle reaches new heights

8:42 am on 30 October 2015

A couple in a court battle over a 4m-high fence in front of their Wellington home is trying to have their neighbour's appeal struck out.

The view towards the Hutt Valley from the Wellington suburb of Roseneath.

The view towards the Hutt Valley from the Wellington suburb of Roseneath. Photo: RNZ / Alexander Robertson

The Environment Court ruled in favour of resident Peter Aitchison, who objected to the fence spoiling his harbour view.

His neighbour, David Walmsley, lodged an appeal with the High Court against the decision.

Mr Aitchison said his lawyer had applied for Mr Walmsley's appeal to be struck out.

He had already spent more than $100,000 in legal fees, and it had been a stressful time, he said.

"We're spending time in Taupo because it's not very pleasant living in that environment in Wellington, with a fence blocking us out.

"My wife gets very stressed."

Mr Aitchison said he hoped his neighbour's appeal could be struck out so they did not have to go back to court.

Wellington City Council has said the Court of Appeal decision had significant implications for property owners' rights to build on sloping sites with other houses close by.

It said it would review its approach to the district plan's rules about access to views and sunlight.

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