News
5 June, 2026
Council intransigence causing a stink for Bowral family
A Bowral family has been forced to live with leaking sewage on their property for 18 months – and says Wingecarribee Shire Council’s intransigence is prolonging the issue.
A Bowral family has been forced to live with leaking sewage on their property for 18 months – and says Wingecarribee Shire Council’s intransigence is prolonging the issue.
They have also been forced to restrict the use of household water – including toilets, showers and basins – because a collapsed septic system on their Mittagong Road property simply can’t cope.
Shaun Devitt said the problem started when he was advised by council when he purchased the property that it was connected to the mains sewer network.
However six months after moving in the septic tank overflowed – at which stage he was advised that his own property and a number of other properties along Mittagong Road were not connected to the network and that council’s sewer coverage map was incorrect.
The system’s absorption trenches failed in October 2024 and effluent from the tank can no longer drain away. It continues to pool close to their neighbours’ driveway and letterbox.
Almost two years later he is still trying to have the septic system replaced – without success.
“Our children, pets and neighbours are all affected by the smell and the health and safety risks posed by untreated waste,” he said.
“For almost two years we have been living with a public health hazard on our own property.”
The couple have formally requested a review of council’s decision to refuse a Section 68 application for modifications to an approved on-site wastewater management system.
The refusal was based on concerns that proposed retaining walls and associated earthworks could impact the notional root zones of non-indigenous neighbouring trees.
Mr Devitt said council’s refusal ignored expert advice provided by the family's wastewater consultant and failed to address practical engineering solutions commonly used to minimise impacts on tree roots while allowing development to proceed.
“We are not asking council to ignore environmental concerns,” Mr Devitt said.
“We are asking why reasonable mitigation measures, routinely used in engineering and arboriculture projects across Australia, were not considered or discussed with us before the application was refused.”
Mr Devitt said no council arborist, tree management officer or manager had taken the time to inspect the proposed works area before determining the retaining walls could affect the trees.
Nor had council provided any technical reports, engineering assessments, root investigations or other evidence supporting its conclusion that the proposal would compromise tree stability or long-term viability.
Mr Devitt said council had been informed on multiple occasions that experts believe the crumbling concrete septic tank could collapse completely causing a river of raw sewage to flood Mittagong Road - the main thoroughfare between Bowral and Mittagong - and enter the stormwater system.
The family has spent thousands of dollars engaging environmental engineers, wastewater specialists and other consultants while working through multiple redesigns demanded by council during the assessment process.
They claim delays in obtaining responses from council have added significantly to their frustration, the costs and duration of the matter.
Mr Devitt said council’s latest refusal raises questions about consistency in decision-making, pointing to retaining walls and earthworks undertaken by council itself in environmentally sensitive locations elsewhere in the shire.
“If engineering solutions can be used to manage impacts in one context, council should clearly explain why similar principles cannot be considered in another,” he said.
Council’s Director of Communities and Place, Michael McCabe has insisted the Devitts proceed with a Section 68 approved by council earlier this year despite documentation being provided by Mr Devitt’s septic installation consultant indicating the system would be unviable, unsafe and extremely costly given constraints on the property such as the slope and presence of sub-surface rock.
The family has now requested an urgent meeting with council’s senior management and decision-makers and has formally sought a review of the determination under the Local Government Act.
Mr Devitt said the situation has taken a significant toll on his family.
“We have tried for more than 18 months to work collaboratively with council and find a practical solution.
“Our engineers have tried to work with council tirelessly - they are qualified experts who have designed completely viable options which have been refused.
“We are left living with a failed septic system and no clear path forward. We simply want this matter resolved so our family can return to normal life.”
The family maintains there are only two practical options remaining: approval of a suitably engineered wastewater solution that addresses the constraints of the site, or connection of the property to the mains sewer network as they were originally led to believe existed.
Mr Devitt believes he may not be the only resident along Mittagong Road who was provided incorrect information from council about access to the mains sewer opening an avenue for a class action to have all affected properties connected.
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