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Filing an Appeal

Appealing a decision is a two part process: filing an appeal and attending a hearing.

What can be appealed?

  • A decision of the Subdivision Authority concerning a subdivision application;
  • A decision of the Development Authority concerning a development permit application;
  • An enforcement order issued by the Development Authority.

Illustrated: The Appeal Process

Appea process

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How to file an appeal

In accordance with the Land Use Bylaw 99/059, a non-refundable filing fee is required for each of the following appeals to the SDAB:

  • Approval of a development permit;
  • Refusal of a development permit;
  • Conditions of approval;
  • Enforcement Order;
  • Subdivision application.

SDAB Appeal Fees

Residential $500.00
Commercial/Industrial $1,000.00

 

Adjacent Property Owners/Affected Persons[1] do not pay a fee.Only the original applicant/affected property owner pays the above fees.

The filing fee must accompany each Notice of Appeal form and must be filed on or before the final date for appeal as prescribed in the Municipal Government Act. Non-payment or late submissions may result in no hearing being scheduled. To file an appeal, download and complete the Notice of Appeal form.

Deadlines for filing an appeal

In accordance with the Municipal Government Act, an appeal to the SDAB must be received on or before the final date as indicated on the notice or decision issued. The completed form and filing fee should be submitted to:

Clerk of the Subdivision and Development Appeal Board
Legal and Legislative Services
Regional Municipality of Wood Buffalo
7th Floor, Jubilee Center
9909 Franklin Avenue, Fort McMurray, AB T9H 2K4
Phone: 780-743-7001 or 1-800-973-9663

Agent[2]

Parties[3] may have someone (an agent, friend or family member) file an appeal or speak on their behalf at the appeal hearing. If you choose to have someone act on your behalf, you will need to complete the Agent Authorization Form[4] At the time of the appeal hearing the individual acting as agent must produce the completed and signed Agent Authorization Form.

Development appeals

If the development permit was approved, the applicant has 14 calendar days from the date they were notified of the approval.

If you are considered an affected person[1], you have 14 calendar days from the date the approval was advertised in the local papers.

If the development permit was refused, the applicant or owner of the property has 14 calendar days in which to file the appeal, based on the date they were notified of the refusal.

Subdivision appeals

Only the applicant can file an appeal with respect to a refusal of a subdivision application or on the conditions of approval of the application. The appeal must be filed within 14 calendar days after receipt of the written decision. An affected person[1] cannot file an appeal.

All appeals are advertised in the newspaper and any party who feels they will be affected by the proposed development has the right to appear before the Board and explain why they are affected. The Board will then make a determination as to whether that person is an "affected person"[1] with respect to the proposed development.

Enforcement orders

The owner of the land, the person in possession of the land or building, the person responsible for the contravention or any person considered affected by the Order can file an appeal within 14 calendar days from the date the person was notified of the Order.

What happens after an appeal is filed?

In accordance with the Municipal Government Act, once you file an appeal, it will be scheduled for a hearing. The appellant, applicant, owner of the property and anyone considered an affected person[1] will receive written notification of the hearing date, a minimum of five days prior to the hearing. Hearing dates are advertised in the Fort McMurray Today and The Connect, the Friday prior to the hearing.

[1] “Affected person” is not defined in the Municipal Government Act. The Board determines affected persons on a case-by-case basis. For example, an affected person could be someone who feels the use, enjoyment, or value of their property may be affected by the proposed development. The onus is on the person to show they are affected by the development.

[2] “Agent” is a person who acts for a Property Owner, Applicant, Appellant, and/or Affected/Adjacent Property Owner during the appeal hearing process or at a hearing before the Subdivision and Development Appeal Board.

[3] ”Parties” refers to the Appellant, Applicant and/or Subject Property Owner, including the Municipality.

[4] ”Agent Authorization Form” at the time of the appeal hearing the individual acting as agent must produce the completed and signed Agent Authorization Form

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