Peace Regional Subdivision and Development Appeal Board

Subdivision and Development Appeal Board

Subdivision and Development Appeal

Decisions of the Development Authority and Subdivision Authority may be appealed to the Peace Regional Subdivision and Development Appeal Board (PRSDAB), excluding subdivision appeals that are heard by the Municipal Government Board (MGB) pursuant to section 678(2) of the MGA. The Subdivision Authority’s decision letter will state whether an appeal lies with the PRSDAB or the MGB

 

The PRSDAB is an independent, intermunicipal Subdivision and Development Appeal Board established by Bylaw No. 240-19 Peace Region Intermunicipal SDAB Bylaw More information about the PRSDAB, including the process for filing an appeal, are available at http://mmsa.ca/services/peace-regional-sdab

Please contact the Audrey@clearhillscounty.ab.ca if you have any questions about the appeal process.

Notice_of_Appeal_Fillable_Form

Agent_Authorization_Fillable_Form

 

The Peace Regional Subdivision and Development Appeal Board has jurisdiction to hear an appeal of a decision from the Subdivision and Development Authorities of participating municipalities. Specifically, the PRSDAB may hear:

Appeals regarding Development Decisions:

  • A Development Permit decision that has been refused or approved
  • Conditions of an approved Development Permit
  • An order directing that either construction or the present use of a property be stopped
  • A Deemed Refusal (the Development Authority has not made a decision within 40 days of the receipt of an application)

Appeals regarding Subdivision Decisions:

  • A refused subdivision or an unacceptable condition(s) of an approved subdivision
  • A Deemed Refusal (The Subdivision Authority has not made a decision within 60 days of the receipt of an application)

Filing an Appeal

A valid appeal must contain reasons for filing the appeal, must be accompanied by the required appeal fee and submitted on time.

Appeals can be filed by property owners, affected persons and their representatives. Prior to filing an appeal, consult the Development Officer or Subdivision Authority to ensure you have all the information about the proposed development.

Sections 645, 678, and 686 of the Municipal Government Act, RSA 2000, c M-26, require that your Notice of Appeal be submitted to the Subdivision and Development Appeal Board (SDAB) within the legislated timeframe and with the required fee. Fees are as follows:

Type of appeal                                                                                                                                  Fee

Subdivision                                                                                                                                       $150.00

Development                                                                                                                                    $150.00

Stop Order issued under section 645 of the Municipal Government Act                                 $150.00

Refund: If an appeal is withdrawn prior to the arrangement of the hearing, the fee may be refunded. Any request for a refund should be submitted with the appeal and should include a written statement of the reasons for the request.

How to Submit Your Appeal and Pay Your Fee

Complete and submit the Notice of Appeal by mail or deliver it in person to the municipality in which the appeal originates.  Notices of Appeal must be filed with the Board in writing within the time limits set out in the Act. Please address your Notice of Appeal to the Chief Administrative Office of the Municipality. Regardless of how you submit your Notice of Appeal, it must be received on or before the final appeal deadline. Please make cheques payable to your Municipality.

If you choose to use an agent or representative you must submit an Agent Authorization Form with your Notice of Appeal.

Preparing For Your Hearing

Once an appeal hearing has been scheduled, it is your responsibility to present evidence to the Board or respond to issues raised by Appellants or affected parties.

Here are some suggestions for preparing a strong and convincing case to present to the Board:

  • Understand the legislation governing the Board.
  • Prepare a written presentation which is clear, concise and logical to support your position.
  • Consider providing photographs, illustrations or drawings.
  • Ask neighbours and the community league to provide their support or opposition—either in writing or by attending your hearing and speaking to the Board.
  • Attend an SDAB hearing before the date of your own hearing to become familiar with the process.
  • You may represent yourself at the hearing or you can seek professional advice or ask someone to present your case for you.

All information provided to the Board is available to the public.

The Board considers each application on its own merits and makes its decision based on the evidence presented. Please note, Board members do not independently collect information related to the appeal, including but not limited to visiting the development site. Please be prepared to present to the Board all the information you feel is necessary for them to make a fully informed decision.

Do not speak to members of the Board before your hearing as this will disqualify the member from participating in the hearing.

Hearing Process

You will receive a Notice advising the date, time and location of your hearing. Hearings are open to the public and maybe recorded.

We recommend that you attend your hearing in person or send someone to speak on your behalf. Your appeal is stronger if you can answer questions from the Board or respond to any new information presented during the hearing.

Normally, three Board members will hear your appeal. One member will act as the Board Chair and will start the hearing by explaining the hearing process.

All parties will be given an opportunity to present information, including the Appellant, Applicant, Municipal decision-making authority and any other affected person or organization. All parties will be able to ask questions of each other, through the Board Chair and respond to any new information that has come up during the hearing.

The hearing is then closed. All parties will be asked to leave the room and the Board will deliberate and come to a decision in private. A verbal decision is not provided; the written decision is issued within 15 days of the hearing.

Postponement or Not Attending Your Hearing

A Postponement request must be in writing and must include reasons.  This request can be provided to the SDAB Administrative Assistant prior to the hearing or to the Board at the time of the hearing. The decision to grant or deny a Postponement Request will be made by the Board.

If you are not present when your appeal is called, the Board may proceed without you. Any information provided on the appeal form, as well as any written submissions, will be used to make a decision.

About the Board

The PRSDAB is a regional SDAB that includes members from all participating municipalities. Board members are appointed to three year terms.

 

Current Membership

MUNICIPALITY MEMBER MUNICIPALITY MEMBER
Berwyn Sterling Andrews MD 135 Lyle McKen
Berwyn Randy Morden MD 135 George Leger
CHC Brian Harcourt MD 136 James Adams
CHC Orest Luka MD 136 Theresa Hrab
CNL Robert King Nampa Quinton Bulford
Donnelly Gerry Noel Nampa Agnes Roshuk
Fairview Owen Stanford NSC Corinna Williams
Falher Guy Beaudoin NSC Dave Van Tamlen
Girouxville Denis Boisvert Manning Peter Gunning
Grimshaw Marvin Dueck Manning April Doll
Hines Creek Ernie Brauer Peace River Orren Ford
Hines Creek Camille Zavisha Peace River Rod Burr
McLennan Avis Gagne

SDAB Clerk- Bonnie Morgan Bonnie@clearhillscounty.ab.ca

Board members must meet the obligations of provincial legislation when conducting appeal hearings. These obligation are articulated in the SDAB Training Guidebook developed by the Province.

Enforcing & Appealing the SDAB Ruling

Each municipality is individually responsible for the enforcement of their Bylaws, including the decisions made by the Subdivision and Development Appeal Board (SDAB). If you have a bylaw complaint, please contact your municipality.

Subdivision and Development Appeal Board decisions are final unless it can be shown that the Board erred in law or jurisdiction. You may appeal the Board’s decision to the Alberta Court of Appeal.

You must apply for leave to appeal a decision of the Subdivision and Development Appeal Board within 30 days of the date that the written decision was issued.

Decisions

When decisions are issued by the Board, they will be listed here.

 

MMSA

Mackenzie Municipal Services Agency

http://mmsa.ca/services/peace-regional-sdab