Subdivision and Development Appeal Board

How to file an appeal

Refer to the documents below to learn how to file an appeal.

• Filing an appeal
• Preparing for the hearing

Applicable forms are near the bottom of this web page.

The hearing process

Board procedures

• The Chair will provide opening remarks, introduction of the Board and commentary on general housekeeping.
• Following the adoption of the Agenda, the Chair will call for the Clerk to introduce the appeal, mark the exhibits and call for any preliminary matters which will be addressed accordingly.

At the hearing

• The Clerk will introduce the appeal.
• Introduction of representatives for the Appellant and Municipality.
• The Municipality will present their evidence first.
• This will be followed by questioning from the Appellant and then questions from the Board.
• The Appellant will then present their evidence.
• Followed by questioning from the Municipality and then questions from the Board.
The Board will then hear from any persons in the audience that wish to comment.
• First, those who have registered to speak in favour of the appeal (i.e., you agree with the appeal and support the Appellant).
• Second, those registered to speak against the appeal (i.e., you disagree with the appeal, you want the stop order upheld).
• To round off the hearing, the Board will ask for brief summaries or closing comments from the Municipality and the Appellant only. The Municipality will go first followed by the Appellant. The Appellant will have last word.

Guidelines for participants

• It is important to note there will be no cross-examination permitted at any time, all question must be directed through the Chair.
• If you wish to speak, you must register with Clerk of the Board on or before 4 p.m. the day prior to the hearing (contact details below).
• Remember to keep your comments clear and to the point, if someone has already said something, simply state you agree and continue on with your comment.
• If you are part of a group of people sharing the same view, it is best to select one person to speak on your behalf.
• At the conclusion of the hearing, the Chair will provide closing remarks and the process to be followed with regard to issuing their decision.
• No verbal decision will be communicated at the hearing. In compliance with the legislation, a written decision, along with the Board's reasons, will issued and posted to the municipal website.
• If you are not able to attend but wish to submit written comments, please email them to the Clerk on or before 4 p.m. the day prior to the hearing.

Appealing decisions of the board

In accordance with the legislation that governs the Subdivision and Development Appeal Board, the Board can only consider relevant planning matters when making its decision.

The Board will issue a written decision within 15 days of the hearing.

Appeal of the Board's decision

The Board's decision is final, unless it can be shown that the Board erred on a matter of law or jurisdiction. You may appeal the Board's decision to the Alberta Court of Appeal within 30 days of the date the decision was issued.

Court of Appeal sittings are held in Edmonton and Calgary and serve the entire Province of Alberta.

Edmonton Court of Appeal
Law Courts
1A Sir Winston Churchill Square
Edmonton, AB  T5J 0R2

Calgary Court of Appeal
TransCanada Pipelines Tower, 2600
450 - 1st St. S.W.
Calgary, AB T2P 5H1

Forms

• Agent Authorization
• Agent Authorization - Affected Property Owner
• Notice of Appeal
• Request for Postponement
• Request for Review
• Withdrawal of Appeal