APPEALS TO THE SUBDIVISION AND DEVELOPMENT APPEAL BOARD

The Municipal Government Act legislates the process by which appeals may be filed against planning decisions.

If you wish to appeal a decision of the Development Officer, click here.

If you wish to appeal a decision of the Subdivision Authority, click here.

Appeal Against the Decision of the Development Officer

If you have applied for a Development Permit and either received a refusal or received an approval with conditions that are unacceptable to you, you may appeal the decision of the Development Officer.  You may also file an appeal if the Development Officer has not made a decision on your application within 40 days of receipt of all information needed to process the application.

If you are a third party affected by a decision of the Development Officer, you may also appeal that decision.  Your appeal must be based on planning considerations (e.g. misinterpretation or incorrect application of the County's planning regulations, or impact of the proposed development on the amenities of the neighbourhood or the use, enjoyment or value of neighbouring properties, etc.).  You may not appeal a decision because the proposed development competes with other businesses in the area or because you have a personal conflict with the appellant.

What is the time period for filing a Development Appeal?

The time period for appealing a decision on a development application is 21 days from the date the decision is made or, where no decision is made, from the date the time period for making a decision expires (40 days from the application deemed complete date). Similarly, the appeal period for persons who are affected by a development permit is also 21 days after the date on which notice of the development was given in accordance with the County’s land use bylaw.

Who Hears the Appeal?

Appeals will be heard by either the Subdivision and Development Appeal Board (SDAB) or the Municipal Government Board (MGB). These boards are independent and impartial quasi-judicial boards that have been established under the Municipal Government Act to make decisions about land planning matters.

The Municipal Government Board consists of Board members appointed by Order in Council based on past experience and knowledge in a variety of different fields. The appeal panel generally consists of a presiding officer and includes 1 or 2 Board members. Appeals sent to the Municipal Government Board consist of Subdivision and Development matters that are in close proximity to a highway, waterbody, sewage facility, and waste management facility or other areas of provincial interests. Furthermore, the Board will hear appeals in which authorization was granted by a special regulator such as the NRCB, ERCB, or the Minister of Environment and Parks.

The Subdivision and Development Appeal Board consists of 3-5 residents of the Beaver County region who have been appointed by Council and are trained in the hearing process. Appeals that are not within the jurisdiction of the MGB will be sent to the Subdivision and Development Authority. You will be given an opportunity at the appeal hearing to object to a member of the Board if you feel that member cannot make an objective decision due to a pecuniary interest or a perception of bias.

Filing an Appeal with the Appeal Board

If you wish to appeal a decision of the Development Officer to the Appeal Board, your appeal must be received by the deadline indicated on the Development Permit or the notice in the local paper.  The appeal must be accompanied by a $200 appeal fee.  Failure to submit your appeal by the specified date or without the appeal fee will be grounds for denial of the appeal.

Click here to obtain information regarding the process to file an appeal with the Municipal Government Board.

Click here for the Notice of Appeal Form to the Subdivision and Development Appeal Board.  The Notice of Appeal must be fully completed, including reasons for the appeal, and be addressed to the Secretary of the Subdivision and Development Appeal Board.

Note that the Notice of Appeal is a public document and may be viewed by anyone who requests it, subject to removal of any personal information contained in the Notice.

Appeal Hearing Dates

The Appeal Board must hear an appeal within 30 days of receiving the Notice of Appeal.  Notice of the hearing date will be provided in writing to the applicant, appellant, adjacent landowners, and other affected parties.

An information package will be prepared prior to the hearing that will contain a copy of the application, the Development Officer's decision, the Notice of Appeal, letters received from adjacent landowners or other affected parties, and any other information that the applicant or appellant wishes the Board to consider when making its decision.  The Board will review the information package at the hearing and may ask questions or seek clarification at the hearing.

Note that the information package is a public document and may be viewed by anyone who requests it, subject to removal of any personal information contained in the package.

The Board may accept new information at the hearing, but it may require additional time to review the information, which could delay a decision.  The Board may also choose not to accept new information; therefore, it is important to provide sufficient information before the hearing to inform the Board of your position.

Scheduled Appeal Board Hearings

Appeal of Stop Order 

Appellant:   
Location:       
Date:             
Time:            

Status:       

 

 

Appeal Against the Decision of the Subdivision Authority

Who Hears the Appeal?

Appeals will be heard by either the Subdivision and Development Appeal Board (SDAB) or the Municipal Government Board (MGB). These boards are independent and impartial quasi-judicial boards that have been established under the Municipal Government Act to make decisions about land planning matters.

Most appeals will be heard by the Subdivision and Development Appeal Board.  This Board consists of 3-5 residents of the Beaver County region who have been appointed by Council and are trained in the hearing process.  You will be given an opportunity to object to a member of the Board if you feel that member cannot make an objective decision due to a pecuniary interest or a perception of bias.

If the proposed subdivision is adjacent to the bed and shore of a river, stream or other body of water, a Provincial highway, a wastewater treatment plant, or a landfill, your appeal will be heard by the Municipal Government Board.  This Board is established under the Municipal Government Act and consists of members appointed by an Order in Council based on past experience and knowledge in a variety of different fields. The appeal panel generally consists of a presiding officer and includes 1 or 2 Board members.

Filing an Appeal with the Appeal Board

If you wish to appeal a decision of the Subdivision Authority to the Appeal Board, your appeal must be received by the deadline indicated in the decision.  The appeal must be accompanied by a $200 appeal fee.  Failure to submit your appeal by the specified date or without the appeal fee will be grounds for denial of the appeal.

Click here to obtain information regarding the process to file an appeal with the Municipal Government Board.

Click here for the Notice of Appeal Form to the Subdivision and Development Appeal Board.  The Notice of Appeal must be fully completed, including reasons for the appeal, and be addressed to the Secretary of the Subdivision and Development Appeal Board.

Note that the Notice of Appeal is a public document and may be viewed by anyone who requests it, subject to removal of any personal information contained in the Notice.

Appeal Hearing Dates

The Appeal Board must hear an appeal within 30 days of receiving the Notice of Appeal.  Notice of the hearing date will be provided in writing to the applicant/appellant, adjacent landowners, and other affected parties.

An information package will be prepared prior to the hearing that will contain a copy of the application, the Subdivision Authority's decision, the Notice of Appeal, letters received from adjacent landowners or other affected parties, and any other information that the applicant/appellant wishes the Board to consider when making its decision.  The Board will review the information package at the hearing and may ask questions or seek clarification at the hearing.

Note that the information package is a public document and may be viewed by anyone who requests it, subject to removal of any personal information contained in the package.

The Board may accept new information at the hearing, but it may require additional time to review the information, which could delay a decision.  The Board may also choose not to accept new information; therefore, it is important to provide sufficient information before the hearing to inform the Board of your position.

Scheduled Appeal Board Hearings

Subdivision Application #:
Applicant:
Appellant:
Date:
Status:

Appeal Hearing Process

When the Board hears an appeal, it may only make a decision based on the information that is in the information package and any additional information accepted at the hearing.

The Board will hear from the Subdivision Authority, the appellant, and other parties affected by the decision of the Subdivision Authority.  If you are not the applicant, the Board may ask you to prove that you are affected by the Subdivision Authority's decision before it allows you to make a presentation.

The Board may ask you questions and if it feels that it needs more information to make a decision, it may adjourn the hearing to a later date to allow time to obtain the additional information.  The hearing is not concluded until the Board is satisfied that it has all the information it needs to make a decision.

The Board may allow cross-examination of witnesses.  This will depend on the circumstances of the appeal and is at the sole discretion of the Board.

The appeal hearing is recorded only for the purposes of accurately recording the procedures followed by the Board during the hearing.

Appeal Board Decisions

The Board must make a decision within 15 days of the conclusion of the hearing.  The decision may be a confirmation of the Subdivision Authority's decision, a refusal of the Subdivision Application, or approval of the Application with conditions.  Reasons for the decision will be provided.

The decision of the Board is final and can only be appealed to the Alberta Court of Appeal if the Board makes an error on some aspect of law or jurisdiction.  If you wish to appeal the Board's decision, you must do so within 30 days of the date of the Board's decision.  You are advised to seek legal advice on this procedure.

Recent Appeal Board Decisions

Subdivision Application #:
Applicant:
Appellant:
Decision: