How have courts interpreted the meaning of a permitted use provision in a municipality’s planning application?
British Columbia, Canada
The following excerpt is from Okanagan-Similkameen (Regional District) v. Leach, 2012 BCSC 63 (CanLII):
As a result of the presumption of implied exclusion, in cases where a permitted use is expressly listed in one zone, but not another, the courts have found that the municipality intended to exclude that specific use from the more general provision: Regional District of Kootenay Boundary v. McKay, 2008 BCSC 174.
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