An appeal can only be filed after the Development Authority has issued a decision. In accordance with sections 678 and 686 of the Municipal Government Act an appeal to the SDAB must be received with the Board within the time frames listed below.
If the development permit was approved, the applicant has 21 calendar days after the date the notice of decision was given.If you are considered an affected person*, you have 21 calendar days after the date that notice is given under the Land Use Bylaw.
*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.
If the development permit was refused, the applicant has 21 calendar days after the date the notice of decision was given.
The applicant can file an appeal with respect to a refusal of a subdivision application or on the conditions of approval of the application. The appeal must be filed within 14 calendar days after receipt of the written decision. An affected person cannot file an appeal.
The owner of the land, the person in possession of the land or building, the person responsible for the contravention or any person considered affected by the Order can file an appeal within 21 calendar days from the date the person was notified of the Order.