Subdivision & Development Appeal Board
|This page provides an overview of the Subdivision and Development Appeal Board and the appeal process. For more in-depth information, check out the Subdivision and Development Appeal Board Training Guidebook and other helpful fact sheets and resources from Open Alberta.|
The Subdivision & Development Appeal Board (SDAB) is a quasi-judicial Board as set out in the Municipal Government Act, and is administered by Legislative Services. It is a committee made up of one Councillor and four citizens-at-large. Citizen members cannot be those who carry out subdivision and development duties on behalf of the City of Wetaskiwin, employees of the City, or members of the Municipal Planning Commission.
The SDAB hears appeals from people who have been affected by a decision of the Development Authority and/or the Subdivision Authority under the Land Use Bylaw 1804-13, as amended.
What can be appealed?
- Your application was denied;
- Your application was approved with conditions not acceptable to you;
- You object to a stop order;
- You are a neighbor who was affected by an approved application;
- Development Services fails to issue a development permit within 40 days of the application.
Appeals must be received within 21 days of the permit being approved or denied.
For more information about appeals to the SDAB and MGB, check out this helpful fact sheet.
How to file an appeal:
An appeal may be filed with the Clerk of the SDAB by submitting an appeal letter and the prescribed payment of $160.00.
Your appeal letter should include:
- What you’re appealing and the reasons why;
- An explanation of your proposed development or the intended use of the property;
- Reasons why the appeal should be granted.
Process of the hearing:
Once an appeal has been filed with the Clerk, the Clerk will issue a Notice of Hearing and will notify you of the time, place, and location of the hearing. The hearing shall take place within 30 calendar days of the appeal being received.
Prior to the Hearing, the appellant (the person who filed the appeal) and those against the appeal, may submit evidence to strengthen their argument for or against the appeal. Any materials submitted will form part of the public record and will be included in the Report to the Board. Persons wishing to speak for or against the appeal may do so by registering with the Clerk prior to the hearing, or at the hearing.
At the conclusion of the hearing, an verbal decision may be issued by the SDAB. An official decision and reasons for the decision shall be issue in writing within 15 days of the hearing.
For more information about SDAB hearing procedures, check out SDAB Hearing Procedures
Notice of Hearings:
The SDAB must hold a hearing within 30 days of the notice of appeal being filed. Five days’ notice, announcing of the time and location of the hearing, as well as a location where the information can be reviewed, must be made available to the public.
Hearings must be held in public, including evidence gathering and presentation of arguments, since the parties are entitled to know the facts of the case. Everything that the SDAB has that is relevant to the case must be disclosed. However, deliberations of the SDAB can be conducted in meetings closed to the public (“in camera”).
For more information regarding the timelines for appeals to the SDAB, check out this informational resource.
A SDAB is required to give a written decision and reasons within 15 days after concluding the hearing.
A decision of the SDAB should include the following:
- The evidence that the SDAB considered, and that which it did not. The written decision should refer to the documents it considered in its assessment (including a statutory plan, LUB, or the Subdivision and Development Regulation).
- The reasons for the decision should be adequate and should include the nature of the issue, findings of fact, and discussion of statutory requirements and applicable planning documents as well as of issues and arguments raised by the parties.
- The decision of the authority (refuse, approve, or approve with conditions).
For any inquiries, the Legislative Executive Assistant may be contacted at 780.361.4409 or by emailing firstname.lastname@example.org.