Subdivision & Development Appeals
The Subdivision and Development Appeals Board (SDAB) consists of 5 members appointed by Town Council to adjudicate appeals under the provisions of Part 17, Section 627 of the Municipal Government Act.
Generally speaking, the first step in the development or subdivision procedure is to make an application for approval. This very important step outlines the nature of the development and defines the location, complexity of the project and any impact it may have on surrounding property owners or the community. The applicant must provide enough information for the authority and any other agencies involved to determine if the proposed project is suitable for the development or subdivision to proceed. A decision may be made by the approving authority to approve, approve with conditions or reject the application. All of these decisions are subject to appeal and may even be appealed if no decision is made within a specified time period.
The Appeal Process
The Municipal Government Act sets out the rules and conditions for grounds to appeal.
Subdivision Appeals May Be Launched:
If the application is refused; If a decision is not made within 60 days or and agreed to extended date allowed under section 681 (1)(b) of the MGA; If a decision on a subdivision under section 652(4) (lands titled before July 1, 1950) is not made within 21 days.
Who Can Appeal?
The applicant; If the application was referred to any government agency under the Subdivision and Development Regulation, those agencies have the right to appeal; Council of the municipality if the municipality is not the subdivision authority; A school authority regarding allocation of municipal and school reserve, the land, or money in place of the reserve. If a decision (with or with out conditions) is made by a subdivision authority;
Development Permit Appeals May Be Launched:
If a permit is issued with or without conditions; If a permit is refused; If a stop order is issued; Where a permit is not issued within 40 days or an agreed-to extended date allowed under section 684 of the MGA. In a case where the permit for a "permitted" use, as described in the land use bylaw is issued, an appeal can only be made if the bylaw was:Rrelaxed; varied; or somehow misinterpreted during the issuance of the permit. No appeal is possible of a "permitted" decision unless a relaxation or variance has been applied for or the affected party or the applicant can show that misinterpretation has occurred. Therefore, if an appellant appeals a "permitted" decision the SDAB may be required to decide whether or not it has the jurisdiction to hear the appeal.
Who Can Appeal?
Any person who is affected by the permit decision (the SDAB will decide who qualifies as an affected person), or the person applying for the permit.
Stop orders can be appealed by the following;
Any person who is affected by the order; the registered owner of the property; the person responsible for the contraventions; or the person in possession of the land or buildings.
Filing An Appeal
Subdivision Applications Appeals
If a person wishes to appeal a Subdivision Application decision, they must submit a written appeal to the Secretary of the Subdivision Authority stating the reasons for appeal within fourteen (14) days from the time of notice of a decision.
Development Applications Appeals
If a person wishes to appeal a Development Permit Application decision, they must submit a written appeal to the Secretary of the Subdivision and Development Appeal Board within a fourteen (14) day appeal period.
According to the Land Use Bylaw 903-2002, an appeal period ends a full fourteen (14) days after the last date a notice of any description was given. The Bylaw states that notification can be carried out in writing, by posting the notice at the site of development, or by placing a notice in the closest available newspaper. Other conditions may apply.
Stop Order Appeals
The timeline for appeal of a stop order differs form the other appeal processes and is subject to the complex nature of the order itself. There are however provisions in the Act to allow for an appeal.