Subdivision & Development Appeal Board

Subdivision Development Appeal Board

A decision of the Municipal Planning Commission, or Development Officer, may be appealed to the County's Subdivision and Development Appeal Board. In the case of subdivisions which may affect an  area of Provincial interest, the appeal may be directed to the Province's Municipal Govemment Board.

How to Appeal Your Subdivision Decision

The following are the persons or agencies that may appeal a subdivision decision.

1. Applicant
You, the registered owner, or your authorized agent may appeal a decision of refusal or any condition attached to an approval. In order to appeal, you must send a written notice to the appeal body outlined on your decision, stating the reasons for your appeal. Your appeal must be made within 14 days of the date you received the written decision.

2 . Provincial Government Departments, Local Council and School Authority
A government department, Camrose County and School Board (on the matter of municipal and school reserve only), may appeal a decision within 14 days of receipt of the decision.

Appeal Procedures

Upon written notice of appeal, the Subdivision and Development Appeal Board or Municipal Government Board, will determine if there are valid grounds to hear the appeal. If an appeal is accepted, the Board will schedule a hearing within 30 days of the receipt of the appeal. In setting a hearing, the Board will  specifically notify the following:

• The applicant
• If the land that is the subject of the application is adjacent to the boundaries of another municipality, that municipality
• The Battle River Regional Division #31
• An adjacent owner who was given notice of application
• Every government department that was given a copy of the application pursuant to the Subdivision and Development Regulation.

Anyone who has been notified has the right to make a written and/or verbal presentation at the hearing. The Board may also agree to hear from other parties who claim to be affected, but the Board is not required to do so.

The Subdivision and Development Appeal Board, or Municipal Government Board, have the authority to  either uphold the decision, reverse the decision, or change any of the conditions attached to the decision.  the decision is sent to the person who made the appeal, the subdivision applicant and any other affected parties within 15 days of the conclusion of the hearing.

The County's Subdivision and Development Appeal Board consists of five members of the public at large.

How to Appeal Your Development Decision

1. Any development permit application may be appealed:
• by the applicant if the permit is refused, or approved subject to conditions, or if a decision is not rendered within 40 days of the received application;
• by anyone else who feels they are affected by an approved permit; provided the appeal is received by the Secretary of the Subdivision and Development Appeal Board prior to the appeal deadline outlined in the permit or in the notice of decision.

2. If an appeal is received, the Secretary of the Subdivision and Development Appeal Board must:
• arrange for the publication in a newspaper circulating in the municipality, a notice stating:
    - the place, time and date of the Hearing to be held on the appeal
    - the nature of the proposed development which is the subject of appeal
    - that any person claiming to be affected by the appeal may submit a written brief to the Secretary of the Board no later than the day prior to the date set for the Hearing, and
    - that any person who has not submitted a written brief in accordance with subsection (iii) and who claims to be affected by the appeal and that the Board agrees to hear, may speak to the appeal at the Hearing, and
• If the land that is the subject of the appeal is located within a multi-parcel residential subdivision, all registered owners within the subdivision shall be notified in writing of the appeal. If the said land is located on the periphery of the subdivision, adjacent landowners shall also be notified in writing, or
• If the development Is not located withIn a multi-parcel residential subdivision, adjacent landowners shall be notified in writing, and
• Notify in writing any other person the Board or the Secretary of the Board considers affected by the appeal

NOTE:

1. Where a notice of appeal against the issuance of a development permit is made to the Secretary of the Board, the development permit shall be suspended pending the outcome of the appeal

2. For the purpose of this section, the registered owner shall be that which appears on the County tax roll on file in the County Office

3. The Development Appeal Board then makes its decision to:
• confirm the decision of the Municipal Planning Commission/Development Officer to approve or deny the Development Permit application; or
• reverse the decision of the Municipal Planning Commissfon/Development Officer and either deny or approve the permit; or
• vary the decision of the Municipal Planning Commission/Development Officer

4. The Secretary of the Board shall serve written notice of the decision of the board to:
    • the appellant
    • the applicant for the development permit if he is not the appellant
    • any person who so requests in writing or verbally at the Hearing

5. Where an application for a development permit is refused, the submission of another application for a permit for the same or a similar use on the same land may not be made by the same or any other applicant for a period of 12 months from the date of the issuance of the notice of refusal, except where Council has
by resolution, waived the 12 month waiting period.