SDAB - Subdivision and Development Appeal Board

 
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 stages: filing an appeal and attending a hearing.

 

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. neighbours) 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 neighbours 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?

Notice of Appeal Form must be completed with reasons for the appeal. This form may be obtained from:

Subdivision and Development Appeal Board
Secretary
The Town of Black Diamond
Box 10  
301 Centre Avenue W.
Black Diamond, Alberta
T0L 0H0

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 of notice of a decision. If a decision is sent by regular mail, 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. 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 SDAB, unless the contravention has created a dangerous situation.

 Payment of Fee

 Any person initiating an appeal to the SDAB shall pay the prescribed fee at the time of submitting an appeal.

  1. All appeals shall include a statement describing the reasons for the appeal.
  2. 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.

 What happens when an appeal is filed?

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, 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. 5 days before a public hearing you may pick up a copy of the Agenda Package on your appeal at the Town of Black Diamond 301 Centre Avenue W.

Appeal Hearing

  1. If you file an appeal you are expected to make a verbal presentation to the SDAB. You may have someone speak on your behalf. If you wish to have your submission included in the SDAB agenda package, please submit it to the Secretary of the Board at 301 Centre Avenue W.  five (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 five 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.

Note: Certain subdivision appeals fall under the jurisdiction of the Municipal Government Board rather than the local Subdivision and Development Appeal Board. Please call 403-427-4864 for questions regarding the Municipal Government Board.

 

This fact sheet has no legal status and cannot be used as an official interpretation of the various regulations currently in effect. Users are advised to contact the Planning and Development Department for more information. The Town of Black Diamond accepts no responsibility for persons relying solely on this information.