The Right To Build: A Prima Facie Right

In the recent decision of Turney v. Langley (Township), 2016 BCSC 1099, Chief Justice Hinkson ruled on a building permit dispute between a landowner, Albert James Turney, and the Township of Langley. Mr. Turney purchased a 7.5-acre property in the Township. He planned to live on the property and operate a hay farm.

There was an existing barn on the property that Mr. Turney planned on using to store hay bales and raise chickens and ducks. Mr. Turney decided that the barn was not large enough for these purposes so he commenced work on an extension. Mr. Turney wrongly believed that a building permit was not required given that the property was on an agricultural reserve and he had farm status.