Appealing a Decision
The Subdivision & Development Appeal Board?
Just like in the courts, decisions on subdivisions and certain development permits can be appealed to a higher body, in this case, the Subdivision & Development Appeal Board (SDAB). The SDAB is a quasi-judicial board, consisting of one Council member and four residents of St. Albert, appointed by Council.
All Subdivision and Development Appeal Board correspondence should be sent to SDABSubmissions@stalbert.ca
|What can be appealed?||Who can file an appeal?|
Development permit - approval, refusal or conditions of approval
Enforcement order or "stop order"
Subdivision or conditions of subdivision
How do I file an appeal?
STEP 1 – Make sure your appeal is submitted prior to the deadline.
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.
STEP 2 – Submit appropriate documentation.
The Municipal Government Act regulates the appeals of development permits and subdivision decisions. To file an appeal, submit appropriate documentation to SDABSubmissions@stalbert.ca
- Select appropriate appeal form:
- Include a copy of the development permit or subdivision decision in addition to the above form.
Please note: Due to COVID-19 impacts, there is no availability to submit appeal applications in person.
STEP 3 – Pay for appeal application.
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.
STEP 4 – The City notifies nearby landowners of the appeal.
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”.
STEP 5 – During the assigned SDAB hearing, the appeal is discussed.
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.
Frequently Asked Questions
Where do I file an appeal?
How do I prepare for a hearing?
The City and thereby the Clerk cannot direct you in what to submit to the Board Clerk. You may conduct electronic research.
What should I include in my appeal presentation?
- 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.
What if I am late filing an appeal?
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.
Last edited: February 9, 2022