Peter Aitchison, speaking in October 2015, about the fence, built by a neighbour, which blocked sweeping views of Wellington Harbour and the city from his and wife Sylvia's Roseneath apartment.

The Wellington man who built a fence in front of his neighbour's million dollar harbour views says he is standing up for the privacy of all home owners.

The saga surrounding the four-metre high fence built by David Walmsley on his Maida Vale Rd property in the suburb of Roseneath is now heading to the High Court, with suggestions it could force a change to the Wellington District Plan.

Walmsley was able to get council sign-off on the 11-metre long structure because he listed it as a children's fort, which is a permitted activity, rather than as a fence, which would be subject to tougher height restrictions.

MAARTEN HOLL/FAIRFAX NZ Roseneath resident Peter Aitchison doesn't have much to look at, other than timber, from the living room of his Maida Vale Rd home.

But it left his neighbours, Peter and Sylvia Aitchison, staring at timber rather than the breathtaking views of Wellington Harbour they used to enjoy. They claim the fence has wiped $900,000 off the value of their $1.6 million home.

It is the third such structure built between the properties since 1995, after two previous fences were taken down in the wake of legal challenges.

Wellington City Council said the latest one would also have to go after the Environment Court ruled in September that the council made a mistake in its interpretation of the District Plan when giving the playground the green light.

MAARTEN HOLL/FAIRFAX NZ The view the Aitchison's used to enjoy.

Walmsley, who is not currently living in Maida Vale Rd, was not responding to calls on Friday.

But in a statement sent to Stuff before the appeal documents were filed, he said his case would have far-reaching implications for property owners across Wellington.

"If someone is able to protect their view, over and above privacy and building rights, then the District Plan will need to undergo a significant change," he said.

"The value of my property is in the land, and if I'm unable to build on it or develop it as I wish then the value is diminished."

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Walmsley claimed he was simply trying rebuild a fence that was torn down by property developers without permission in 1995, when his parents owned the section.

If this was allowed to stand, then any home owner with a view would be able to use his case as legal precedent to impinge on their neighbour's privacy, he said.

He and his family planned to return to Maida Vale Rd once the fence issue was resolved.

Appeals to the High Court can only be made on points of law, meaning Walmsley will have to prove that Environment Court Judge Craig Thompson misinterpreted the Resource Management Act when he made his ruling.

It has also emerged that Walmsley joined Wellington City Council's IT department on a fixed-term contract in July, and will effectively be trying to overturn the decision of his own boss when he heads to court.

Wellington City Council's manager of city planning and design Warren Ulusele said his planning team only found out about Walmsley's position on Wednesday.

He was not employed by the council at the time legal proceedings over the fence were launched.

"He's been spoken to and he knows that this is his own private matter," Ulusele said.

The Aitchisons declined to comment on Friday, saying their lawyers had advised them not to speak to media.

Peter Aitchison has previously described the case as "horrific" and said it had taken its toll on him and his wife since the structure was erected in April.

"It has been a very stressful time for myself and my wife ... we went from having the best views in Wellington. They were expansive and perfect. Now we will be able to enjoy them again when the fence comes down."

THE FENCE FEUD

1995 - A fence dividing the two Maida Vale Rd properties was torn down by developers building the apartments where Peter and Sylvia Aitchison now live.

2000 - The parents of David Walmsley, who were then living elsewhere in Roseneath, attempt to rebuild the wooden fence, placing it atop a concrete retaining wall. Wellington City Council orders that it be taken down because it exceeds the District Plan's maximum allowable height of 2m.

2001 - The Aitchisons move into their apartment.

2011 - Another wooden fence is erected that reaches 1.8m above the Aitchisons' patio, prompting threats of legal action. Walmsley removes the fence before the matter gets to trial. In an affidavit, he acknowledges it was "not suitable or appropriate" and that it "will not be re-erected".

September 2014 - The Aitchisons become aware that Walmsley has sought a building consent to construct a "children's play structure" in the same location as the fence. The Aitchisons attempt to persuade the council that Walmsley requires resource consent but they are unsuccessful.

April 2015 - The play structure is erected. The Aitchisons go to the Environment Court arguing the council was wrong to say the facility was a permitted activity.

September 17, 2015 - The Environment Court sides with the Aitchisons.

October 1, 2015 - The city council orders the children's play structure be taken down.

October 9, 2015 - Walmsley files an appeal with the High Court, challenging the Environment Court ruling.