Appealing a Decision

It is the responsibility of the applicant to review the deadlines specific to their appeal in the Municipal Government Act. If you are not the owner of the land, the owner will need to provide a letter/email to the Clerk authorizing you to act on their behalf (as per the respective section in Bylaw 20/1995).

Deadline to Appeal

• Development Permit Appeal
  A development appeal must be filed within 21 days after the date on which the written decision is given (MGA) with the Clerk of the Subdivision and Development Appeal Board.

• Subdivision Appeal
  A subdivision appeal may be commenced by filing a notice within 14 days after receipt of the written decision or deemed refusal. (MGA) with the Clerk of the Subdivision and Development Appeal Board.

Documentation Required

The Municipal Government Act regulates the appeals of development permits and subdivision decisions. To file an appeal, submit appropriate documentation to SDABSubmissions@stalbert.ca

1. Select appropriate appeal form:
   • Development Permit Appeal Form
   • Subdivision Appeal Form
2. Include a completed development permit or subdivision decision in addition to the above form. 
3. If you are acting as an agent/representative for the owner of the property you are appealling, a completed SDAB Owner's Authorization Form (completed and signed by the Subject Property Owner) must be included with your application. 

SDAB Owner's Authorization Form

NOTE: Agents / representatives must provide written authorization from the subject property owner prior to the hearing.

What do I owe?

Review Schedule F - Subdivision and Development Appeal Fees of the Master Rates Bylaw for development permit and subdivision appeal fees. 

When do I pay?

Once your documentation is received by the Clerk, your appeal application will be processed for payment. Your appeal is not considered to be filed until payment is received in full. A delay in making payment can result in the expiration of the appeal period. Appeals will be processed during regular business hours (8 a.m. to 5 p.m., Monday to Friday).

Once payment is received, the clerk will advise of your hearing date and advise that any materials for the Board to consider be emailed so that it can form part of the Agenda Package.
 

After your appeal is filed, the Board will determine the radius of the subject property within which landowners will be notified of the appeal. Legislative Services will then send out notices to the “affected parties”.

The SDAB Chair will call the meeting to order. On behalf of the Development Authority, a City Representative will attend to provide a presentation. They will also answer any questions that the Board may have. The appellant and any presenters may attend the hearing, present to the Board, and answer any questions they may have.

Affected parties may attend and make submissions for their respective appeal. The hearings are open to the public until the SDAB has heard the evidence. Once this occurs, the Board meets in-camera (behind closed doors) to render a decision. 
 
The Board may hear the appeal whether or not the appellant or representative attends the hearing. 
 
The written decision will be rendered and provided to the appellant, affected parties, and a City Representative within 15 days of the appeal hearing.
 

To file an appeal, submit appropriate documentation to SDABSubmissions@stalbert.ca. If you have issues with your submission, please call 780-459-1500 and ask to speak with Legislative Services staff.

The City and thereby the Clerk cannot direct you in what to submit to the Board Clerk. You may conduct electronic research.

Presentation Tips:

• Focus on the planning use. Characteristics of the users of the proposed development are not taken into account, nor are issues of economic benefit, loss or property values.
• Precedence is not a planning principle.
• Be informed, practice your presentation, and stick to planning matters.
• Visual aids are available. Advise the Board Clerk at least 24 hours in advance of the appeal if you wish to use a visual aid.

A preliminary issue of standing will be added to the agenda for the Board to decide whether they have jurisdiction to hear the appeal. If the Board finds that the appeal was filed in time, they will hear your appeal. If the Board finds that the appeal was filed out of time, then they will not hear your appeal. In this case, you will need to reapply for your development or subdivision permit with Planning and Development according to their timelines. You may submit materials to the Clerk for the SDAB to consider both the issue of standing and the appeal. Please note these items will be addressed separately.

Should you wish to attend a hearing to speak to an item on an upcoming SDAB hearing agenda, please register by emailing sdabsubmissions@stalbert.ca 

Ensure the following is provided in your email:

• Full Name
• Address of Appeal
• Date of SDAB Hearing
• In Favour or In Opposition

Registered speakers have a time limit of five minutes to speak. The five minute time limit is to ensure that each and every speaker is treated fairly, ensuring that some are not allowed more time than others.