Decision Date: February 25, 1999

Panel: Toby Vigod

Frances Walker appealed an Environmental Health Officer’s (“the EHO”) decision refusing a sewage disposal permit for her property. The EHO refused to issue a permit primarily on the ground that the proposed absorption field did not meet the 30-metre setback from the high water mark of a culverted portion of Benes Creek.

Prior to a hearing of the appeal, a mediation session was held with all parties present. At the mediation, the parties agreed that the portion of Benes Creek adjacent to the Appellant’s property was fully enclosed in a culvert and that the high water mark was to be measured at the end of the culvert. The EHO also agreed that the proposed system met all required setbacks and that, provided certain conditions were met, the proposed system would protect the public health.

With the consent of the parties, the Board ordered that the decision of the EHO be rescinded and that a permit for the proposed sewage disposal system be issued, subject to a number of conditions. The appeal was allowed by consent.