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A BC local government has delegated to its staff the power to issue development permits. A staff delegate refuses an owner's development permit. What does the Local Government Act give the owner?

Correct Answer

D) A right to have the local government reconsider the decision

Local Government Act s. 490(5) says that if a local government delegates the power to issue a development permit, the owner of land subject to the delegate's decision is entitled to have the local government reconsider the matter. The Act sets no fixed decision deadline for development permits.

Answer Options
A
A right to appeal the delegate's refusal to BCFSA
B
An automatic permit if no decision is made within 90 days
C
No further recourse once a staff delegate has decided the matter
D
A right to have the local government reconsider the decision

Why This Is the Correct Answer

Section 490(5) gives the owner a statutory right to have the elected local government reconsider a delegate's decision.

Why the Other Options Are Wrong

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Key Terms

development permitLocal Government Actdelegationreconsideration
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