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

Elk Valley pride groups celebrate milestone

LGBTQ community marks 50 years since decriminalization

GALLERY: First responders in Fernie return baby owl to its nest

The baby owl’s inability to fly back to its nest prompted a rescue by first responders

VIDEO: Sick eagle released back into wild

Three months after a golden eagle suffering from lead poisoning was found… Continue reading

New program to get Elk Valley youth into workforce

Elk Valley once again facing labour shortage with over 150 job vacancies

CanWel takes Fernie students tree planting

Fernie Secondary class learns about reforestation; CanWel responds to AKBLG resolutions

VIDEO: Protesters in Penticton gather to rally against sleeping-on-sidewalk bylaw

The proposed bylaw would outlaw sitting or lying on the city’s downtown sidewalks

Sparwood Save-On-Foods partners with Food Share

A Sparwood supermarket is on its way to becoming waste free after… Continue reading

Kamloops girl, 9, recovering from carbon monoxide poisoning now out of ICU

Her mother who was sleeping in the same tent with her did not survive

‘I think he’s still alive’: B.C. mom pleads for help finding son last seen a month ago

Family offering $5,000 reward for information leading to the safe return of Tim Delahaye

New poll suggests one-third don’t want politicians to wear religious symbols

Local politicians shouldn’t be allowed to wear hijabs, crucifixes or turbans on the job, survey suggests

Raptors fans far from home adjust plans to watch pivotal playoff game

Raptors currently lead the playoff series 3-2, and a win Saturday would vault them into NBA finals

Five takeaways from the Court of Appeal ruling on B.C.’s pipeline law

It’s unclear how many tools are left in B.C.’s toolbox to fight the project

Kootenay man arrested and charged in 2015 murder

Nathaniel Jessup 32 of Creston has been charged with the second-degree murder of Katherine McAdam and offering an indignity to a body.

Community spirit saves Sparwood’s Coal Miner Days

Volunteers still needed to help run event, which will be held from June 3-9 at various locations

Most Read