Is a development cost charge payable under section 983 (6) of the Development Cost Charges Act?
British Columbia, Canada
The following excerpt is from Carvolth Housing Corp. v. Langley (Township), 1995 CanLII 372 (BC SC):
10 Section 983 (6) of the Act provides that development cost charges are not payable where there is no new capital cost burden on the Municipality. I am satisfied there is, in these circumstances, a new capital cost burden in the sense that a new demand on the Municipality for designated services has been created: Philps v. Saanich (District) (1987), 36 M.P.L.R. 213 (B.C.S.C.).
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