Subdivision & Development Appeals

Appealing a Decision

What can be appealed?	Who can file an appeal?
Development Permit - approval, refusal, or conditions of approval	The Development Permit applicant Citizen or group that feels they are impacted by the decision Town Council An adjacent landowner for a variance or discretionary use (a development permit for a use that is listed as permitted use in a district typically cannot be appealed by an adjacent landowner)
Enforcement order or "stop order"	The person to whom the stop order was issued (typically the landowner)
Subdivision or conditions of subdivision	The applicant Government department to which subdivision was referred\ Town Council School board if an application is related to school reserve land (Adjacent landowners cannot appeal a subdivision approval)

How do I file my appeal?

You will need to file your appeal with one of two boards: the Chinook Intermunicipal Subdivision and Development Appeal Board (SDAB) or the Land and Property Rights Tribunal (LPRT). Normally appeals are filed to the SDAB.

Where an Approval or Order is of Provincial Interest, then an appeal would be filed to LPRT.

A Provincial Interest is recognized through the LPRT Land use planning found on the Alberta Website, which include proposed development:

within Alberta’s Green Area
'adjacent' to or contains a body of water
- 'adjacent' means contiguous or would be contiguous if not for a railway, road, utility right of way, or reserve land
adjacent to or contains (either partially or wholly) land identified on the Listing of Historic Resources or public land set aside for use as historic resource
subject of a license, permit, approval or other authorization granted by the Natural Resources Conservation Board, Energy Resources Conservation Board, Alberta Energy Regulator, Alberta Energy and Utilities Board or Alberta Utilities Commission
subject of a license, permit, approval or other authorization granted by the Minister of Environment and Protected Areas
within the following distances:
1600 metres of a provincial highway
450 metres of a hazardous waste management facility
450 metres of the working area of an operating landfill
300 metres of the disposal area of any landfill
300 metres of a wastewater treatment plant
300 metres of the working area of a non-hazardous waste storage site.

Decisions made by Town Council related to proposed developments within a Direct Control District cannot be appealed Council has granted the Development Authority to determine the decision of a use within the Direct Control District, an appeal may be filed to the SDAB.

There are many reasons an appeal is filed, some of those reasons are:

The decision on application is not determined within the allowable 40 days;
The decision on an application is refused and may cause the applicant hardship;
The condition/s listed on permit are unacceptable;
The proposed development might negatively affect another property or resident; or
An order to stop development has been issued.

The Town is a member of the Chinook Intermunicipal Subdivision and Development Appeal Board. Appeals filed with the Town are sent to the Clerk who has been appointed to attend all meetings and hearings but shall not vote on any matter brought forward to the SDAB.

The appeal period is 21 days after the date on your Notice of Decision from the Development Authority and, along with the fee, must be received no later than 4:00 PM of that expiry date. An appeal is not considered to be filed until the appropriate fee is received and will be processed during regular business hours. A delay in the Town receiving a complete appeal may result in the expiration of the appeal period. The SDAB will determine if a hearing will be heard for any appeals filed after the appeal date. A hearing must be held by the SDAB within 30 days of receiving an appeal.

What should I include in my written appeal?

A written appeal with all documentary or photographic evidence and a summary of testimonial evidence with the appropriate fee must be submitted to the appeal board. It is important that the written submission is clearly detailed because if the person filing the appeal is not able to attend the hearing, the board will still allow the written submission as evidence.

Include things like (if appropriate for your specific situation):

The Development Permit number, subdivision number, or stop order number
Any letters of support/testimonials from your neighbors or other interested parties
Detailed reason for the appeal
Photographs of the area (if applicable)
Summary of evidence

When an appeal is filed and the hearing is scheduled, the appellant may submit a written request to postpone the SDAB hearing, or to withdraw their appeal and must include the reason for the postponing or withdrawal of the hearing. The request must be submitted to the SDAB Clerk prior to the hearing or to the SDAB at the time of the hearing. A hearing will only be postponed at the discretion of the SDAB.

What are the fees to file an appeal?

$300.00 | Appeal Fee
$400.00 | Special Meeting Request Fee

A Special Meeting Request is to request that the hearing is to be held sooner than the regulated 30 days from the date the appeal has been filed. Appeal fees are non-refundable.

Hearing and Decision

It is in the best interest of the appellant to not speak to any member of the SDAB regarding the appeal as this will disqualify the board member from hearing the appeal. Members of SDAB do not discuss an appeal with the Development Authority. The Development Authority will speak on the application at the hearing, and the appellant would be given the opportunity to speak at the hearing as well.

The SDAB must give at least five (5) days notice in writing of the hearing to the appellant, the development authority, and any other person that the SDAB considers to be affected by the appeal.

The SDAB must make available for public inspection before the commencement of the hearing all relevant documents and materials respecting the appeal, including the application for the development permit, the decision or the order, and the notice of appeal.

The SDAB determines the decision on an appeal through the evidence (oral and written) presented at the hearing then issues the written decision within 15 days after the hearing. The SDAB decisions are final; however, the appellant or the Town may appeal the decision to the Alberta Court of Appeal. Note that it is in the best interest of the appellant to obtain legal advice before filing an appeal to the Courts.

Any questions contact the Town of Pincher Creek’s Development Officer at 403-627-3156 or development@pinchercreek.ca