Appealing Planning Decisions

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

Who Can Appeal?

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 (and no extension has been granted).

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 after the date on which the written decision is given.

If no decision is made within the required 40-day time period (or agreed extension), the deadline to appeal is 21 days after the date the 40-day period (or extended date) expires.

A third party has 21 days after the date on which the notice of issuance of the permit was given to appeal.

Who Hears the Appeal?

Appeals will be heard by either the Subdivision and Development Appeal Board (SDAB) or the Land and Property Rights Tribunal (LPRT). 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 SDAB consists of 3-5 residents of the Beaver County region who have been appointed by the County, town and village Councils and are trained in the hearing process. Most appeals will be heard by the SDAB (see exceptions below). 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.

The LPRT was established by Provincial legislation and its members are appointed by the Lieutenant Governor in Council. The appeal panel generally consists of a presiding officer and 2 Board members. The LPRT will only hear appeals related to development decisions that are the subject of an authorization that was granted by a special regulator such as the NRCB, ERCB, AER, AEUB, AUC, and the Minister of Environment and Protected Areas.

Filing an Appeal with the Appeal Board

If you wish to appeal a decision of the Development Officer to the SDAB, 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 for the Notice of Appeal Form to the SDAB.  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.

There is no fee to appeal a decision to the LPRT.  Click here to obtain information regarding the process to file an appeal.

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 Process

The SDAB 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.

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 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.

The Board will hear from the Development Officer, the appellant, and other parties affected by the decision of the Development Officer.  If you are not the applicant, the Board may ask you to prove that you are affected by the Development Officer’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 confirm, revoke, or vary the decision of the Development Officer or any condition attached to the decision.  The Board may also substitute the Development Officer’s decision for one of its own.  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 apply for permission to appeal within 30 days of the date of the Board's decision.  You are advised to seek legal advice on this procedure.

Who Can Appeal?

If you have applied for a subdivision and either received a refusal or received an approval with conditions that are unacceptable to you, you may appeal the decision of the Subdivision Authority.  You may also file an appeal if the Subdivision Authority has not made a decision on your application within 60 days from the date the application was deemed complete (and no extension has been granted).

You may not appeal the decision of the Subdivision Authority if you are an adjacent landowner, however you will be notified of the hearing and may attend to make a presentation in favour of or against the proposed subdivision.

What is the Time Period for Filing a Subdivision Appeal?

The time period for appealing a decision on a subdivision application is 14 days after receipt of the written decision.

Who Hears the Appeal?

Appeals will be heard by either the Subdivision and Development Appeal Board (SDAB) or the Land and Property Rights Tribunal (LPRT). 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 SDAB (see exceptions below).  This Board consists of 3-5 residents of the Beaver County region who have been appointed by the County, town and village Councils and are trained in the hearing process.  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.

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, a landfill, or other area in which the Provincial Government has an interest, your appeal will be heard by the LPRT.  The LPRT was established by Provincial legislation and its members are appointed by the Lieutenant Governor in Council. The appeal panel generally consists of a presiding officer and 2 Board members.

Filing an Appeal with the Appeal Board

If you wish to appeal a decision of the Subdivision Authority to the SDAB, your appeal must be received by the deadline indicated on the notice of decision of the Subdivision Authority.  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 for the Notice of Appeal Form to the SDAB.  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.

There is no fee to appeal a decision to the LPRT. Click here to obtain information regarding the process to file an appeal.

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 Process

The SDAB must hear an appeal within 30 days of receiving the Notice of Appeal (the LPRT must hear an appeal within 60 days).  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 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.

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 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.

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 confirm, revoke, or vary the decision of the Subdivision Authority or any condition attached to the decision.  The Board may also substitute the Subdivision Authority’s decision for one of its own.  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 apply for permission to appeal within 30 days of the date of the Board's decision.  You are advised to seek legal advice on this procedure.