Subdivision and Development Appeals
The Subdivision and Development Appeal Board (SDAB) hears appeals from people who have been affected by development authority or subdivision authority decisions. Appealing a decision to the board involves two main states: filing an appeal and attending a hearing. Note that no appeal is available for development permits issued for permitted uses where no relaxations or variances are granted. For complete details, the regulations are provided in the Land Use Bylaw.
The Board operates as quasi-judicial decision making tribunal which is established under the Province of Alberta’s Municipal Government Act, and represents the Town’s final decision on the matters before it.
Who May Appeal to the SDAB?
In the case of a decision on a development permit?
- anyone who has applied for a development permit
- anyone "affected" (e.g. neighbors) by the decision may appeal.
In the case of a decision on a subdivision application
- the applicant
- a government department
- a school authority
- note that neighbors cannot appeal a subdivision application
In the case of a Stop Order
- anyone subject to or affected by the Stop Order
In the case of an amendment to the Land Use Bylaw by Council
- there is no appeal to the SDAB in these situations
Who is an affected person?
Examples of an affected person are someone who owns property, carries on a business or resides in the vicinity of a proposed development. A person who merely visits the area probably may not qualify as an affected person.
Where and when to appeal?
A Notice of Appeal form must be completed with reasons for the appeal. This form may be obtained from:
Subdivision and Development Appeal Board
Secretary
Town of Morinville
10125 - 100 Avenu
Morinville AB T8R 1L6
You must file your appeal including the $200.00 fee with the SDAB secretary within 14 days of notification of a decision or order, include a letter requesting the refund of your appeal fee, giving the reasons.
Timelines for Appeal
Subdivision Applications
With a subdivision application, an appeal must be lodged within 14 days from the time ofnotice of a decision. If a decision is sent by regular mail, the Municipal Government Act Section 678(3) allows five days for the notice to be delivered. The time period does not include the day the notice was sent.
Development Permits
With development permits, the appeal period is not as clear. The Municipal Government Act Section 686requires an appeal period of 14 days, which begins the day after the decision is provided to the applicant and adjacent owners. The land use bylaw sets out how notice of development permits can be issued including notification in writing, by posting the site or by placing a notice in the newspaper. An appeal period ends 14 full days after the last date a notice of any description was given. If the ntocie is mailed, section 23 of the Interpretation Act states that the mail is deemed to be delivered 7 full days after it was placed in a mailbox. For a development appeal, the total timeline may be as long as 21 days.
Payment of Fee
1. Any person initiating an appeal to the SDAB shall pay the prescribed fee at the time of submitting an appeal.
2. All appeals shall include a statement describing the reasons for the appeal.
3. An appellant may make a written request to the Board for a refund of the Development appeal fee. Requests for refunds SHOULD be submitted with the appeal and include a written statement of the reasons for the request.
What Happens When you File an Appeal?
The appeal must be heard by the SDAB within 30 days of submission. The Board must hold a public hearing. Five days prior to the public hearing the appellant and other affected persons will be notified in writing. If you are unable to attend the scheduled meeting, please contact the SDAB secretary to attempt to arrange for the hearing to be rescheduled. Every appeal to the SDAB is advertised in the weekly newspaper at least five days prior to the hearing. Five days before a public hearing you may pick up a copy of the agenda package on your appeal at the Town of Morinville, St. Germain Plaza, 10125 - 100 Avenue.
Appeal Hearing
1. If you file an appeal you are expected to make a verbal presentation to the SDAB. You may have someone speak onyour behalf. If you wish to have your submission included in the SDAB agenda package, please submit it to the Secretary of the Board at 10125 - 100 Avenue 5 working days prior to the hearing. Large submissions presented the night of the hearing may cause the hearing to be postponed while the Board reviews the submissions.
2. The Board suggests that all speakers limit their presentation to 5 minutes. The Board only hears the relevant planning matters of the appeal. If you stray from them, the Board will let you know.
3. The SDAB must give a written decision together with the reasons for the decision within 15 days of concluding the hearing.