Subdivisions & Development

1. The application is received by Planning and Development for review.
2. Once the application is deemed complete, the legislative maximum period for consideration of the application commences. The applicant will be notified of this date.
3. The application will then be referred to various agencies and adjacent landowners for their comments. The number of agencies may vary from application to application.
4. Once comments are received from the referral agencies, the application is then reviewed by city administration and brought before the Subdivision Authority for consideration.
5. The applicant and other agencies have the right to appeal the decision of the Leduc Subdivision Authority on subdivision applications within 21 days of the date of the decision in accordance with the Municipal Government Act.
6. When a decision has been rendered, the Subdivision Authority will notify the applicant of the decision in writing.

• Your development permit application was refused
• Your development permit application was approved with conditions that you disagree with
• You commenced a development without a permit, resulting in the Development
• Authority issuing a Stop Order directing you to stop the development or use of the subject property
• A citizen or group feels the decision adversely impacts them
• The Development Authority fails or refuses to issue a development permit to a person within 40 days of receipt of the application, and an agreement to extend this time period has not been entered into between the applicant and the development authority

• Your subdivision application has been refused
• Your subdivision application was approved with conditions that you do not agree with
• The Subdivision Authority fails, or refuses, to decide on an application for subdivision approval within 60 days of receipt of the application, and an agreement to extend this time period has not been entered into between the applicant and the development authority

• You are a person affected by a stop order issued under section 645 of the Municipal Government Act (MGA).

1. Before you file an appeal, you should understand what the development or subdivision consists of.
   1. Start off by talking with the applicant to understand their side.
   2. You may also contact the development officer and ask questions on the development or subdivision that you may be appealing on.
2. When you are ready to appeal, you will need to complete the appeal form with reasons for appealing.
   1. Keep the information factual.
3. To submit the appeal fee, you may pay the following ways:
   1. Via credit card by filling out the credit card authorization form and emailing it to [email protected]; OR
   2. In person at Civic Centre, #1 Alexandra Park, Leduc, using cash, cheque (payable to City of Leduc), debit, Visa, or Mastercard

The appeal fee will be refunded if an appeal is withdrawn before the hearing.

A notice of hearing (containing the hearing date, time, location, and submission deadline) will be mailed to adjacent landowners informing them of the hearing. Additionally, a notice of hearing advertisement will be in the local newspaper and on the www.leduc.ca website.

You and anyone directly or indirectly affected by the development will have the opportunity to submit evidence, photographs, testimonials, etc. within seven days prior to the hearing date.

This information will form part of the hearing package that will be distributed to the SDAB on the Friday prior to the hearing. The information will also be available for public inspection.

• You may self-represent at the hearing or decide to seek professional advice or have someone present your case, ensuring they are prepared to speak on your behalf.
• It’s very important to understand the legislation the SDAB is governed by and its jurisdiction.
• When presenting, have speaking notes that support your position, are clear and concise, and are not repetitive. Ensure you provide factual evidence relevant to your situation; do not present assumptions or personal opinions. The SDAB will consider this information when making its decision.
• The SDAB does not consider precedent when making a decision — each appeal is judged on its own merits.
• Be prepared to answer questions.
• Refer to your written submission, photographs, charts, etc.
• If adjacent landowners support the information you are presenting to the SDAB, ensure you have that in writing. Adjacent landowners may also attend and speak at the hearing.
• Refrain from communicating to any SDAB members about an appeal or a potential appeal prior to or after the hearing; doing so will disqualify them from participating in the hearing. SDAB members do not discuss appeal cases with the development or subdivision authorities before the hearing.

• The hearing panel will consist of a maximum of five SDAB members but no less than three.
• The presiding officer, who will begin the meeting, will provide an outline of the hearing process.
• All questions will be directed through the board chair.
• All parties are to be respectful of other presenters.
• If a presenter has new information to present to the board, the board will have to vote on whether to permit new evidence; there are no guarantees.
• Administration will make a presentation first, after which there will be an opportunity for the SDAB to ask questions of clarification;
• The appellant will then make a presentation. Again, there will be an opportunity for the SDAB to ask questions of clarification;
• The applicant will then make a presentation. As before, there will be an opportunity for the SDAB to ask questions of clarification;
• The SDAB will then hear from those affected persons in the audience:
  • First, those in favour of the appeal;
  • Then those in the audience opposed to the appeal;
• The SDAB clerk will read into the record any written submissions received (from individuals who have not provided submissions today);
• The hearing may recess for a few minutes (if deemed necessary by the board chair);
• Upon reconvening the SDAB may ask questions of clarification;
• Any person who has presented will then be given an opportunity to ask questions for clarification, through the chair, of other persons who have presented
• Brief summaries or closing comments will follow:
  • First, the administration will have an opportunity for closing comments;
  • Then the applicant will have an opportunity for closing comments;
  • Then the appellant will have an opportunity for closing comments;
• The hearing is then closed and the SDAB deliberates privately to discuss the appeal.
• The SDAB will send the decision and reasons within 15 days of the hearing to the parties and anyone who requested to receive the decision in writing.
• After the appeal is concluded and the hearing is closed, there is no opportunity to submit or speak to the matter.

If you decide not to attend the hearing, please let the SDAB clerk know. The SDAB may proceed without you. The SDAB will consider all the information submitted, hear presentations from anyone else who may have attended, and make a ruling on the appeal.

Postponing your hearing: You may submit a written request to the SDAB identifying reasons to postpone your hearing, either at the hearing or before it. The SDAB will decide whether to proceed with the hearing or postpone it later.

The decision issued by the SDAB is final. Only if the SDAB erred in law, or jurisdiction, may you then appeal the SDAB’s decision to the Alberta Court of Appeal. The appeal must be filed within 30 days of the date that the written decision was issued.