In November, 1993, Mr Chevalier received an offer to purchase his lot, subject to sewage disposal approval. The Environmental Health Officer rejected the application on the grounds that the sewage system would have been too close to neighbours’ property lines and because the steep slope of the Appellant’s property might result in the break out of effluent. After being rejected twice, the Appellant appealed to the Environmental Appeal Board. The Board dismissed the appeal. After reviewing the evidence on the relevant regulations, guidelines, and the physical terrain of the Appellant’s lot, the Board found no evidence that the Environmental Health Officer erred in exercising his discretion. Further, the Board found no evidence that the Environmental Health Officer’s decision was unreasonable or arbitrary. The Board recommended that, in future, Ministry of Health staff should ensure that applicants for sewage disposal permits be fully informed that any work undertaken toward seeking approval will done at their own risk and without guarantee of the eventual issuance of a permit.
