Considering an appeal?

What can be appealed, who can appeal and what are the filing deadlines?


You can submit an appeal for:

  • A decision of the Subdivision Authority concerning a subdivision application.
  • A decision of the Development Authority concerning a development permit application.
  • An enforcement order issued by the Development Authority.

The following chart details what type of decisions may be appealed, who may file the appeal and associated deadlines for filing an appeal. For more information, please contact the Appeal Board Administration at (403) 268-5312 or email info@calgarysdab.ca

DEVELOPMENT PERMIT

TYPE OF DECISION WHO CAN APPEAL APPEAL DEADLINES
Approval Persons considered *affected by the development. 14 calendar days from the date the approval was advertised in the Calgary Herald.
Conditions of Approval The owner of the property or the applicant of the development permit. 14 calendar days from the date the owner/applicant was notified of the decision.
Refusal The owner of the property or the applicant of the development permit. 14 calendar days from the date the applicant was notified of the decision.
Deemed Refused The owner of the property or the applicant of the development permit. If the Development Authority has not made a decision within 40 days of receipt of an application, the owner/applicant has 14 calendar days after that to file an appeal.

ENFORCEMENT ORDER

TYPE OF DECISION WHO CAN APPEAL APPEAL DEADLINES
Enforcement Order
  • owner of the land
  • person in possession of the land or building
  • person responsible for the contravention
  • any person considered affected by the Order
14 calendar days from the date the property owner was served the notice of order.

SUBDIVISION APPLICATION

TYPE OF DECISION WHO CAN APPEAL APPEAL DEADLINES
Approval Only Government agencies circulated during the approval process. 14 calendar days from the date the owner/applicant was notified of the decision.
Conditions of Approval The owner of the property or the applicant of the subdivision application. 14 calendar days from the date the owner/applicant was notified of the decision.
Refusal The owner of the property or the applicant of the subdivision application. 14 calendar days from the date the owner/applicant was notified of the decision.
Deemed Refused The owner of the property or the applicant of the subdivision application. If the Subdivision Authority has not made a decision within 60 days of receipt of an application, the owner/applicant has 14 calendar days after that to file an appeal.

* The term affected person is not defined in the Municipal Government Act. The Board determines affected persons on a case-by-case basis. For example, an affected person could be someone who feels the enjoyment, use or value of their property may be affected by the proposed development. The onus is on the person to show they are affected by the development.

All appeals are advertised and any party who feels they will be affected by the proposed development has the right to appear before the Board and explain why they are affected. The Board will then make a determination as to whether that person is an "affected person" with respect to the proposed development.