Subdivision and Development Appeals
Subdivision and Development Appeal Board is an independent, quasi-judicial board that adjudicates hearings on appeals from affected parties relative to decisions made by the subdivision authority and the development authority - similar to a court hearing.
|Grounds to appeal||Filling an appeal|
|Withdrawing prior to hearing the appeal||What happens after an appeal is files|
|Preparing for your hearing||Hearing process|
|Appealing the SDAB ruling||SDAB clerk contact information|
You may appeal a decision of a development or subdivision authority if...
- your development permit application was refused
- your development permit application was approved with conditions that you do not agree with
- you commenced a development without a permit, resulting in the Development Authority issuing a Stop Order directing you to stop development or use of the subject property
- a citizen or group that feels they are adversely impacted by the decision
- 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 refused, to make a decision 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
Stop orders - you are a person affected by a stop order issued under section 645 of the Municipal Government Act (MGA).
- Before you file an appeal, you may want to understand what the development or subdivision consist of. Start off by talking with the applicant to understand their side. You may also contact the development officer and ask questions on the development or subdivision that you may be appealing on.
- When you are ready to appeal you will need to complete the appeal form with reasons as to why you are appealing, keep the information factual.
- To submit the appeal fee you may pay:
- via credit card by filling out the credit card authorization form and email it back to firstname.lastname@example.org; OR
- you may pay in person at Civic Centre, #1 Alexandra Park, Leduc by one of the following ways: cash, cheque (payable to City of Leduc), debit, Visa or Mastercard.
- NOTE: appeals, and a $125 appeal fee, must be submitted within twenty-one (21) days from the date of permit issuance to the City Clerk's Office.
If an appeal is withdrawn prior to the hearing, the appeal fee will be refunded.
The SDAB clerk will contact you to confirm receipt of your appeal and explain the process. The SDAB clerk will ask your availability in order set a hearing date that falls within the legislated time requirement and that is acceptable for all parties involved.
A notice of hearing (containing hearing date, time, location and deadline for submissions) will be mailed out to adjacent land owners informing them of the hearing. Additionally, a notice of hearing advertisement will be in the local newspaper and www.leduc.ca website.
You, and anyone that is either directly, or indirectly, affected by the development will have the opportunity to submit evidence, photographs, testimonial 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 be available for public inspection as well.
- You may self-represent at the hearing or you may decide to seek professional advice or have someone present your case, ensure they are prepared to speak on your behalf.
- It’s very important to understand the legislation the SDAB is governed by and their jurisdiction.
- When presenting have speaking notes that support your position that are clear and concise, not repetitive. Ensure you provide factual evidence that is relevant to your situation, do not present assumptions or personal opinions. The SDAB will consider this information in making their 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 you have support from adjacent landowners with respect to the information you are presenting to the SDAB ensure you have that in writing. Adjacent land owners may also attend and speak at the hearing.
- Refrain from communicating to any SDAB members about an appeal, or a potential appeal, prior or after the hearing; doing so will disqualify them from partaking in the hearing. SDAB members do not discuss appeal cases with the development authority or the subdivision authority before the hearing.
- The hearing panel will consist of maximum five SDAB members but no less than three.
- The presiding officer, who will begin the meeting, will be providing 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 it happens that a presenter has new information to present to the board, the board will have to vote as to whether to permit new evidence or not; 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:
a. first, those in favour of the appeal,
b. 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:
a. first, administration will have an opportunity for closing comments;
b. then the applicant will have an opportunity for closing comments;
c. then the appellant will have an opportunity for closing comments;
- The hearing is then closed and the SDAB deliberates in private to discuss the appeal.
- The SDAB will send in writing the decision and reasons within 15 days of the hearing to the parties an anyone who requested to receive the decision.
- There is no opportunity to submit or speak to the matter after the appeal is concluded and the hearing is closed.
Not attending your hearing: 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; you may do this at the hearing or before the hearing. The SDAB will decided whether to proceed with the hearing or postpone it to a later date.
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.
If you require further information regarding filing an appeal and/or SDAB procedures, please contact;
City of Leduc, SDAB Clerk | Phone: 780-980-7177 | Email: email@example.com