The Environment Court has ruled the controversial Wellington fence blocking a Roseneath couple's million dollar harbour view must go within a month.
Peter and Sylvia Aitchison took the case to court under the Resource Management Act after their neighbour built the four metre-high fence, blocking their view.
The structure took $900,000 off the $1.6 million value of their home.
Wellington City Council city planning manager Warren Ulusele says the council backed the Aitchison's claim.
"The court supported the council and the Aitchison's contention the play structure and the fencing was inappropriate in that location," he says.
The judge agreed the effects of the structure were "unacceptable, were severe" in the impact it had to the adjoining property, Mr Ulusele says.
"My understanding of it was the court's decision is the evidence provided by the council and the Aitchison's was overwhelming in its justification for removal of the structure based on the severity of the effects created by the structure."
Mr Ulusele says the council always believed the fence should have been lowered to the height to below the level of the deck to mitigate the effects it would have on the Aitchison's property.
It's not yet known if the decision will be appealed.
Mr Ulusele says clarification will be needed on whether the fence will need to be removed completely or to below the existing terrace.
The couple say it's been a gruelling process but the decision is pleasing.
However, the wrangle over the fence isn't over yet, with a High Court case pending.
3 New / RadioLIVE
