Who May Appeal to the SDAB?
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.
When And Where 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
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
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.
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.
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.
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.
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.