Decision Date: July 14, 2000

Panel: Toby Vigod

Keywords: de Goutiere v. Environmental Appeal Board & Albaco Industries.

Don Saywell appealed a decision of the EHO, Central Vancouver Island Region, refusing to issue Mr. Saywell a permit for a sewage disposal system on the grounds that the proposed absorption field did not meet the 30.5 metre setback to a neighbour’s well.

After Mr. Saywell had applied for the permit, his neighbours had dug a well on the adjacent property, approximately 10 feet from the property line. On the basis of this development, the EHO refused to issue the permit to Mr. Saywell.

The Board found that, while the actions of Mr. Saywell’s neighbours may have been motivated by their desire to prevent him from developing his property in the proposed manner, there was no clear evidence of this intention. Based on the available information, the Board found that it must follow the reasoning of the B.C. Supreme Court in de Goutiere v. Environmental Appeal Board & Albaco Industries, [1995] B.C.J. No. 2513, and refuse the permit. The Board found there was insufficient evidence to conclude that the facts of this appeal were distinguishable, at law, from those in de Goutiere. The appeal was denied.