Judge rules against ALC on rural B.C. subdivision

The ALC can’t change the definition of an acre, the judge ruled.

Two acres means two acres, a B.C. judge has ruled in a case over Agricultural Land Commission jurisdiction.

A Langley landowner recently won her case and will be allowed to subdivide a property because it’s very, very slightly less than two acres in size.

In 2009, Kathryn Guse bought a parcel of land in rural Langley Township. In 2015, she applied to the Township to subdivide the site into four lots of approximately half an acre each.

The Township raised no objections, but notified the Agricultural Land Commission (ALC) because the property was next to farmland.

Property in the Agricultural Land Reserve normally needs ALC approval for subdivision, but in this case the Township felt that since the land had been surveyed at 1.997 acres, it was exempt from that rule. Any lot less than two acres in size is exempt.

The ALC wrote back and objected, saying the property “should be considered to be two acres because it was more than 1.995 acres.”

The ALC had updated its policies to consider any property of 1.995 acres and up as being equivalent to two acres or more.

That led to a hearing before B.C. Supreme Court Justice Robert Sewell.

Sewell ruled the ALC’s rules are not meant to apply to any property smaller than two acres.

“In summary, I find that there is only one reasonable interpretation of [the regulation] and that the decision and the policy on which it is based are unreasonable because they ignore the plain meaning of the section as informed by the legislative context,” Sewell wrote.

He overturned the ALC’s decision and declared the lot is exempt from the ALC’s jurisdiction over subdivision.

Just Posted

Five murals to be painted in Terrace this summer

Artists paint together in celebration of the Skeena Salmon Art Festival

City purchases Terrace Bowling Lanes

The business will stay open for one last season

Terrace RCMP trying to reunite owners with stolen goods

Two men arrested in connection with thefts

Terrace Minor Softball closes season with wins

Teams with be competing in nationals in Saskatoon

Feds lowered poverty line, reducing the number of seniors in need: documents

Liberals introduced a poverty line that was below the prior low-income cutoff

B.C. woman wins record $2.1 million on casino slot machine

‘That night was so surreal … I wasn’t able to sleep or eat for the first two days,’ she said

After B.C. dad’s death, Technical Safety BC wants changes to trampoline park rules

Jay Greenwood, 46, did ‘a series of acrobatic manoeuvres prior to a fall that caused serious injury and cardiac arrest’

$900M settlement reached in class action on sexual misconduct in Canadian military

After facing criticism, the government moved to begin settlement proceedings in early 2018

Tax take stays ahead of increased B.C. government spending

Tax revenue $2.1 billion higher than budget in 2018-19

Two toddler siblings found drowned on First Nation in Alberta

The siblings were found drowned on their family’s property, according to RCMP

Chiefs honour Indigenous leader wrongfully hanged in B.C. 154 years ago today

Chief Joe Alphonse says they want his remains returned to his homeland in B.C.’s Cariboo region

Rare white ravens spotted again on Vancouver Island

Nature photographer Mike Yip said mysterious birds back in Coombs area

B.C. government seeks advice on reviving Interior forest industry

Public website opens as meetings start with community leaders

Most Read