Decision Date: September 11, 2001

Panel: Alan Andison

Keywords: preliminary application, adjournment, site visit, venue, hearing days

This preliminary matter deals with applications by both the Appellants and the Respondent Environmental Health Officer (“EHO”). The Appellants applied for an adjournment of the appeal hearing regarding a Sewage Disposal Permit that was issued to the Permit Holder. The EHO applied to have a site visit during the course of the hearing and to have the hearing moved from Courtenay to Denman Island.

The Board found that the Appellants have had sufficient time to prepare for the hearing and that the hearing should not be delayed to allow further testing of the site. Furthermore, the Permit Holder could be prejudiced by a further delay in the proceedings. With regard to the Respondent’s applications, the Board concluded that a visit to the site would not assist the hearing panel in properly understanding the site. Similarly, a change of venue was found to be unnecessary. However, the Board found that the hearing could extend beyond one day, so a second day was scheduled for the hearing.

Accordingly, the Board denied both the application for an adjournment and the applications for a site visit and a change of venue. The hearing was scheduled for an additional day.