What is the test for establishing a minimum lot size under section 993 of the Local Government Act?
British Columbia, Canada
The following excerpt is from 391043 Alberta Ltd. v. Village of Canal Flats, 2008 BCSC 1043 (CanLII):
The municipality cites MacFarlane v. British Columbia (Minister of Transportation) (1994), 27 M.P.L.R. (2d) 300 (B.C.S.C.) as the leading case. In that case, the developer wanted to subdivide its land into one acre lots. The property was situated on a peninsula of land at the mouth of the Tlell River in the Queen Charlotte Islands. The property was in a sensitive environmental area and located across the river mouth from a provincial park. It was felt that the intensified use of the land would be contrary to the public interest given the location of the land. After preliminary approval of the subdivision the Regional District passed a bylaw providing for a minimum lot size in the area of six hectares. The developer asserted the protection of s. 993 of the Municipal Act (now s. 943 of the Local Government Act).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of section 12 of the Charter on a minimum sentence imposed under section 344(a) of the Criminal Code? (British Columbia, Canada)
Is Bylaw 1949 a zoning or procedural hearing under section 903 of the Local Government Act? (British Columbia, Canada)
Is a volunteer employee for the purposes of s. 67 of the Local Government Act? (British Columbia, Canada)
What factors will the courts use to determine whether a mandatory minimum punishment under section 12 of the Charter is disproportionate? (British Columbia, Canada)
What is the starting point in section 9(a) of the Rules of Civil Procedure 9(b) and 9 (b) of section 9 of the Child Support Guidelines? (British Columbia, Canada)
What is the legal test for establishing a section in the Owner Developer's Condominium Act? (British Columbia, Canada)
What is the current state of the law on mandatory minimum sentences under Section 12 of the Criminal Code? (British Columbia, Canada)
What is the test for establishing that a section of the Constitution or the Charter has been breached? (British Columbia, Canada)
What is the effect of section 29(1) of the Criminal Code Act, section 46 of the Civil Rights Act? (British Columbia, Canada)
What is the test for overturning a chambers judge's finding that a section of statutory interpretation of the Statutory Interpretation of Section 5(1) of the Criminal Code applies to a person who is not a party to the legislation? (British Columbia, Canada)
