Decision Date: July 13, 1995

Panel: David Perry, Joan Rysavy, Sheila Bull

The Nyviks purchased a property; which at the time was approved for septic system use. However, by the time the Nyviks began building their retirement home, several years later, the standards had changed and their application for permission to build a septic tank was turned down because the water table was too close to the surface. The Nyviks appealed.

The Board noted that the Health Officer applied the On-site Sewage Disposal policy, but that this was not set by regulation and consequently must be adapted to the circumstances of the case and not blindly applied. The Board found that septic tank repairs on nearby properties were the result of the age of the sub-division, and not a result of the unsuitability of the area for septic tanks. It ordered that a permit be issued with a number of conditions about the septic tank’s location. The appeal was allowed.