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 |
|---|---|---|
| Type of decision: Approval | Who can appeal: Persons considered *affected by the development. | Appeal deadlines: 21 calendar days after the date the notice is given under the Land Use Bylaw. |
| Type of decision: Conditions of Approval | Who can appeal: The applicant for the development permit and persons considered *affected by the development. |
Appeal deadlines:
For applicants: 21 calendar days after the date the applicant was given the written decision. For persons considered *affected by the development: 21 calendar days after the date the notice is given under the Land Use Bylaw. |
| Type of decision: Refusal | Who can appeal: The applicant for the development permit. |
Appeal deadlines:
21 calendar days after the date the applicant was given the written decision. |
| Type of decision: Deemed Refused | Who can appeal: The applicant for the development permit. |
Appeal deadlines:
If the Development Authority has not made a decision within 40 days after receipt of a complete application, 21 calendar days after the expiry of the 40 day period or the expiry of any extension agreement. |
Enforcement order
| Type of decision | Who can appeal | Appeal deadlines | Some other information |
|---|---|---|---|
| Type of decision: Enforcement Order |
Who can appeal:
|
Appeal deadlines: 21 calendar days from the date the property owner was served the notice of order. | Some other information: Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. |
Subdivision application
| Type of decision | Who can appeal | Appeal deadlines |
|---|---|---|
| Type of decision: Approval | Who can appeal: Only Government agencies circulated during the approval process. | Appeal deadlines: 14 calendar days from the date the owner/applicant was notified of the decision. |
| Type of decision: Conditions of Approval | Who can appeal: The owner of the property or the applicant of the subdivision application. | Appeal deadlines: 14 calendar days from the date the owner/applicant was notified of the decision. |
| Type of decision: Refusal | Who can appeal: The owner of the property or the applicant of the subdivision application. | Appeal deadlines: 14 calendar days from the date the owner/applicant was notified of the decision. |
| Type of decision: Deemed Refused | Who can appeal: The owner of the property or the applicant of the subdivision application. | Appeal deadlines: 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.