Subdivision and Development Appeal Board

Subdivision and Development Appeal Board

County Council appoints council members and residents to the Subdivision and Development Appeal Board (SDAB).  The SDAB:

·       hears and makes decisions on appeals related to stop orders, developments and subdivisions;

·       functions in accordance with the Municipal Government Act and the Saddle Hills County SDAB Bylaw;

·       hears complaints and functions like a legal court;

·       examines evidence and applies legal rules to their findings;

·       makes decisions after conducting a fair hearing that complies with legislation, administration law and the principles of natural justice; and

·       makes final decisions that cannot be overturned unless an error in some aspect of law or jurisdiction.

Who can file an appeal and what are the steps? 


You can appeal a development authority’s decision if:

·       your development permit application has been refused;

·       your development permit application was approved with conditions that are unacceptable to you;

·       you have been issued a stop order directing you to stop construction or stop the present use of your property;

·       you will be affected by a new development or new use of someone else’s property; or

·       if a development authority refuses/fails to issue a development permit within 40 days of receipt of the application.

You can appeal the subdivision authority’s decision if:

·       your subdivision application has been refused;

·       your subdivision application was approved with conditions that are unacceptable to you;

·       if a subdivision authority refuses/fails to make a decision on an application for subdivision approval within 60 days of receipt of the application.


Filing an appeal


Before filing an appeal:

·       talk to the applicant;

·       consult the Development Planner to ensure that you have all the information about the proposed development or subdivision;

·       speak with SDAB staff if you have questions about the appeal process;

·       seek legal advice if you require further assistance.


Appealing a decision


To appeal a decision:

·        submit a completed Notice of Appeal Form;

·        pay the required fee within 21 days of notice of the decision;

·        if an appeal arrives after the 21 day deadline, the Board will decide whether or not it has the right to hear the appeal.

All documents and evidence must be submitted 7 days before the hearing to be included in the package to the Board.  The SDAB may accept evidence after the deadline at their discretion.


Appeal fees


A filing fee is required for each of the following appeals:

 

 Appeal Fee – Development permit – applicant $100
 Stop order
$100
 Subdivision application    $100 
 Appeal postponement fee (upon approval of SDAB)  $250 


Getting started


· SDAB Information Guide

· Process of Appeal

· Notice of Appeal Form

· Bylaw 290-2017 Subdivision and Development Appeal Board






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