MAARTEN HOLL / STUFF

Peter Aitchison in his living room overlooks Wellington Harbor obscured by neighbor David Walmsley’s fence.

Wellington’s longtime fence is expected to continue running, and Roseneath’s fence-builder David Walmsley is now trying to appeal a High Court ruling that he and his elderly mother pay $ 72,000 in bills to the neighbors who blocked their harbor views have to.

“We’re appealing because my mother is 78 years old and she doesn’t have to pay 72,000 to a neighbor to build a council-approved structure for her grandchildren,” said Walmsley.

The family went through a costly process with Wellington City Council for years before being granted a permit for the “gaming fort” which did not require a resource permit, he said.

SCOPE OF DELIVERY

Sylvia Aitchison enjoys the view from her balcony before the fence is put up.

“Imagine borrowing money on a council-approved structure only to find out your neighbor can remove it. What happened to the bank security?”

CONTINUE READING:
* “Main effects” for houses on a hillside in the appeal decision
* The fence builder is asking the court to reconsider the $ 72,000 cost
* Work begins to dismantle controversial fences
* Waves from the fence housing could bring construction projects to a standstill

In June, the council was forced to tear up its planning rulebook after the High Court dismissed its appeal against a saga-triggered environmental court ruling.

STUFF

The fence, which was all that could be seen from the Aitchison’s apartment, was part of a children’s play fortress.

That High Court ruling could mean that many homes or other buildings built on hills or other sloping lots in the notoriously steep and hilly town were no longer compliant, former council urban planning manager Warren Ulusele said at the time .

Last year’s environmental court ruling ordered the removal of the fence or “play structure” that Walmsley had built on his property on Carlton Gore Rd, which overlooked the harbor from Peter and Sylvia Aitchison’s house up the hill in blocking Maida Vale Rd.

The council had said it was appropriate to remove the “gaming fortress”, but not for the reason given by the environmental court.

SCOPE OF DELIVERY

David Walmsley’s mother, Helen, and grandchildren on their side of the Aitchison property border.

The environmental court ruling questioned where the property line between Aitchison and Walmsley was – at the top or at the bottom of a retaining wall – and how high a fence might be under the district plan.

Now that the environmental court ruling is in place, it means that the council has issued resource permits in the eyes of the law based on a misunderstanding of how the district plan works.

“The decision was new law – never before had a court demolished a private structure with consent to effects,” said Walmsley.

He asked how many permits had been issued by the council since 2010 that were now invalid as a result of the ruling. whether the council had informed all concerned; and whether it would accept liability for the cost of compliance with the work.

Wellington City Council spokesman Richard MacLean said, “The short answer is, we’re not going to go to the expense and trouble of finding out which properties could theoretically be injured – and then confuse and confuse the owners of those properties by sending them.” them letters.

“We are waiting for the results of the Ministry of Environment’s research on planning definitions for the national planning standards before we make a decision on how to deal with this problem.”

The post Wellington fence saga rolls on as builder seeks enchantment towards ,000 prices first appeared on DECKSAND FENCES DAILY.