Important questions about repairing, replacing or rebuilding remain unresolved
Following our meeting with Council, we sought clear written answers about what happens when an existing septic system fails or requires substantial repair, replacement or upgrading, or when an existing lawful home is destroyed and must be rebuilt.
Council confirmed that there is no automatic prohibition on rebuilding a dwelling on a constrained lot. It also advised that an existing wastewater system may potentially continue servicing a comparable replacement dwelling if it remains operational and suitable.
However, if the existing system cannot continue to be used, the property may require further assessment, a Land Capability Assessment and an application to install or alter its wastewater system. The practical question remains: if the property cannot sustainably contain its wastewater onsite, what permanent servicing option allows the existing home to remain occupied, its failed system to be replaced, or the home to be rebuilt?
The pump-out option has not been confirmed as a permanent pathway
During our meeting, Council representatives raised a pump-out system as a possible option where onsite containment cannot be achieved. Parfrey Plumbing was identified as an available collection provider.
We asked Council to confirm whether pump-out could be accepted as a permanent wastewater solution, what conditions would apply, whether its ongoing availability and affordability had been assessed, and what alternative would remain if Parfrey Plumbing or another private operator stopped providing the service or regular collection became unaffordable.
Council has not answered those questions. Its written response states that any pump-out arrangement would still depend upon the individual property and the regulatory requirements applying at the time.
This does not mean that pump-out would necessarily be refused. It means that Council has not confirmed it as a dependable permanent pathway for a property that cannot contain its wastewater onsite.
A permanent wastewater solution cannot depend entirely upon one commercial provider without considering what happens if that provider stops servicing Penshurst, changes its operating area or increases its charges beyond what residents can reasonably afford.
Council has referred to other possible options, including alternative treatment systems, redesign, land consolidation and other site-specific arrangements. These possibilities do not resolve every situation:
- A different treatment system cannot necessarily overcome insufficient disposal area.
- Redesign cannot create additional land.
- Land consolidation depends upon neighbouring land being available and affordable.
- An onsite arrangement must still demonstrate that wastewater can be sustainably contained.
Individual assessment is understandable, but it describes the process rather than the outcome. It does not tell an owner what practical option remains if their existing septic system fails, requires replacement or cannot support a rebuilt home.
Council has also confirmed that its wastewater-risk information is publicly available through the draft plan and Geographic Information System. It has not yet explained how existing owners or prospective purchasers will be actively informed that these classifications exist or what they may mean when a system requires repair, replacement or upgrading, or when a home must be rebuilt.
Our elected Councillors were copied into this correspondence. No individual Councillor responses have been received to date. We remain open to their views and would welcome clear public leadership on how existing Penshurst homes and businesses will be protected.
Council has recorded our concerns and indicated that they will form part of its consideration of the draft plan, briefing and report. Council has also confirmed that submissions received before the briefing scheduled for 27 October 2026 will be accepted and considered.
We acknowledge those commitments and will continue engaging constructively. However, the current position remains:
Council has not identified a dependable, permanent and affordable servicing pathway for an existing home or business where its wastewater system must be replaced or upgraded and the property cannot sustainably contain wastewater onsite.
That uncertainty strengthens the case for sewerage in Penshurst. Property-by-property assessments and reliance upon a private collection service cannot provide the town with a secure long-term future if owners cannot be given reasonable confidence that their homes and businesses can continue to be serviced, repaired or rebuilt.