On July 3, 2014, the BC Court of Appeal issued a decision which
sheds light on an important but previously unanswered question: the
meaning of "density of use" in the Local Government
Act.
In
Society of Fort Langley Residents for Sustainable Development v.
Langley (Township) , 2013 BCSC 2273, a group of residents
from the Township of Langley asked the BC Supreme Court to set
aside a heritage alteration permit issued by the Township's
Council for a mixed-use residential and commercial building in the
heart of Fort Langley. The heritage alteration permit varied the
provisions of the Township's zoning bylaw which regulated the
height, lot coverage and setbacks of the building but did not vary
the only zoning bylaw provision which expressly regulated the
density of the building (in particular, the residential density of
the building). The residents argued that by varying the bylaw
provisions which regulated the height, lot coverage and setbacks of
the building, Council
