In what circumstances has a court found that a composting facility associated with a mushroom farm is not within the scope of a permitted use of the land?
British Columbia, Canada
The following excerpt is from Central Saanich (District of) v. Jopp Ventures Corp., 2001 BCSC 1042 (CanLII):
In T & T Mushroom Farm Limited v. Langley Township 20 December 1995 (New Westminster No. S028796) B.C.S.C., Mr. Justice Harvey held that a composting facility associated with a mushroom farm was not a permitted use of the land on which the mushroom farm was located. He held that the production of compost is a manufacturing process and the composting facility was not within the scope of the uses of the land, i.e. mushroom farm, agricultural use, or accessory use.
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