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The Requirement for Reasonableness in Rezoning Decisions: Lessons for Local Governments and Builders in Fergus Creek Homes Ltd. v. City of Surrey

Land developers and builders will be familiar with the decision-making powers over land use that are conferred to British Columbia local governments under the Local Government Act as well as the required approvals that are needed from these public bodies where a proposed land development project requires an amendment to the official community plan or a rezoning of the lands prior to proceeding with the project. The recent decision of Fergus Creek Homes Ltd. v. Surrey 2024 BCSC 207 provides a recent example of how a judicial review can be used by land developers to challenge local government decisions over land use.

As published in the NRCA’s Northern Construction Connection April 2024 Newsletter, and VICA’s e-New.

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