Filing an Appeal

When & Where Do I Make an Appeal?
A Notice of Appeal Form (PDF) must be completed with reasons for the appeal. This form may be obtained from:
Intermunicipal Subdivision and Development Appeal Board Secretary
The Town of Black Diamond
301 Centre Avenue W
Box 10
Black Diamond, Alberta T0L 0H0

Deadline
You must file your appeal including the $250 fee with the ISDAB 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 of notice of a decision. If a decision is sent by regular mail, section 678(3) allows 5 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. Section 686 requires 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, by posting a notice in the municipal building, 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 notice 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.

Stop Orders
Timelines for appeal of a stop order are not specified in the Act. However, a stop order must specify a time within which compliance must occur. Given the varied nature and circumstances that provide the grounds for a stop order, the time given for compliance would have to be reasonable time having regard to the circumstances. Given the right of appeal, the time given for compliance may have to be sufficiently long to enable the filing of an appeal and its disposition by the ISDAB, unless the contravention has created a dangerous situation.

Payment of Fee
Any person initiating an appeal to the ISDAB shall pay the prescribed fee at the time of submitting an appeal.
  • All appeals shall include a statement describing the reasons for the appeal.
  • 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.
Irrespective of the Board's decision on an appeal, the Board shall have the discretion to refund any or all of an appeal fee.