What is the test for a subdivision under section 85.3 of the Land Title Act?

8 While this is obiter dicta, the same approach was taken by Mackoff, J. in Anderson v. Vancouver (1985), B.C.W.L.D. 1824: The Approving Officer refused the petitioner's subdivision application pursuant to s. 85.3 of the Land Title Act, supra, on the grounds that the deposit of the plan was against the public interest by virtue of the following: 1.The established pattern of subdivision in the easterly portion of the block. 2.The deficient width and area of the two proposed parcels. 3.The precedent which such a subdivision would set. The Approving Officer gave no reasons why a mid-block split is so sacrosanct that it is against the public interest to ever permit a departure from the established pattern of subdivision. While he need not set out elaborate reasons he, nonetheless, must give some valid reason for holding that in the circumstances of any given application it is against the public interest to permit a departure from the established pattern. Here, he simply made the bald statement that it is against the public interest, and gave no reason for so saying.