What is a Subdivision and Appeal Board?
The County’s Subdivision and Development Appeal Board (SDAB) is an independent, statutory body that hears appeals regarding decisions made by the Development Authority or the Subdivision Authority.
SDABs are mandated across the province by the Municipal Government Act and are created by municipalities to carry out appropriate functions and procedures (Part 17 Division 10 Sections 678-689 of the Act provide the requirements for subdivision and development appeals).
SDABs exercise quasi-judicial functions, meaning they apply legal rules found in legislation and planning instruments to the facts and evidence presented. This process allows the SDAB to decide on a subdivision or a development matter after conducting a hearing fairly and in accordance with legislation, administrative law, and the principles of natural justice. The SDAB decisions are final and cannot be overturned unless the board makes an error in some aspect of law or jurisdiction.
Who hears a Subdivision or Development appeal?
Certain subdivision and development appeals will be heard by the Land Property Rights Tribunal (Provincial Appeal Board) based on the location and specifics of the subject lands. All other appeals are heard by the local appeal board (Chinook Intermunicipal Subdivision and Development Appeal Board).
Lethbridge County is part of the Chinook Intermunicipal Subdivision and Development Appeal Board (since 2019) which is run through the Oldman River Regional Services Commission. Lethbridge County appoints 3 members to this regional board.
What can be appealed?
- The decision or order of the Development Officer regarding development applications
- Where the Development Officer has failed or refused to issue a development permit
- The decision of the Subdivision Authority regarding subdivision applications
Who can appeal a development?
The applicant or any person affected by a decision, development permit or Stop Order issued by the Development Authority can appeal a development.
Who can appeal a subdivision?
Only the applicant can appeal a subdivision decision.
How can I make an appeal?
The appeal application form can be found here: Subdivision and Development Appeal application form
An appeal must be filed with the County within 21 days after the date of the decision. To file an appeal both the application form and the non-refundable appeal application fee ($500) must be received within 21 days after the date of decision.
What happens when an appeal is filed?
- The Board Secretary (ORRSC) will arrange for a hearing, sending out a written notice of the Hearing to the applicant, the appellant(s), as well as the adjacent landowners.
- The local appeal board must hold a hearing within 30 days of receiving a notice of appeal.
- The LPRT must hold a hearing within 60 days after receiving a notice of appeal.
What does the Appeal Board consider at a hearing?
The Board makes a decision on an appeal through the evidence presented at the hearing (both oral and written). It is up to the persons presenting at the hearing to provide enough evidence to support their position (this includes the appellant, applicant, and municipality).
When is a Board Decision available?
The Board issues their decision in writing within 15 days after the hearing (both municipal and provincial appeal boards).
Is the Board Decision appealable?
SDAB decisions are final unless it can be shown that the Board erred in law or jurisdiction. The Board’s decision can be appealed 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.
Can an appellant speak to the Board prior to a hearing?
An appellant cannot speak to members of the Subdivision and Development Appeal Board about an appeal or a potential appeal prior to the hearing, because this will disqualify the board member from participating in the hearing. Board members do not discuss appeal cases with the Development Authority or the Subdivision Authority before the hearings.
The Board makes a decision on an appeal through the evidence presented at the hearing (both oral and written). It is up to the persons presenting at the hearing to provide enough evidence to support their position (this includes the appellant, applicant, and municipality).