Appealing a Decision
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What can be appealed? |
Who can file an appeal? |
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Development permit - approval, refusal or conditions of approval |
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Enforcement order or "stop order" |
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Subdivision or conditions of subdivision |
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How do I file my appeal?
You will have to file your appeal either with the Municipality's Subdivision and Development Appeal Board (SDAB) or with the Province's Land and Property Rights Tribunal.
The Land and Property Rights Tribunal (formerly Municipal Government Board) hears subdivision and development appeals where there is a provincial interest. Otherwise, the appeals are heard by the Municipality's SDAB.
The Tribunal hears appeals Subdivision Authority decisions where the land that is the subject of the application is:
- 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
- the 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
- the 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
Some of these distances may be varied in writing by a provincial government department, in which case the SDAB will hear the appeal.
The Tribunal also hears appeals of development authority decisions where the land that is the subject of the application is:
- the 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
- the subject of a license, permit, approval or other authorization granted by the Minister of Environment and Protected Areas
If none of these conditions are met, you will file your appeal with the Municipality's SDAB.