Considering an appeal?
The Board hears various appeals such as appeals of:
- A decision of the Development Authority concerning a development permit application. This includes deemed refusals.
- An enforcement order issued by the Development Authority.
- A decision of the Subdivision Authority concerning a subdivision application. This includes deemed refusals.
- Certain other decisions of the Development Authority.
Who can appeal?
The Municipal Government Act and Land Use Bylaw provide that a person affected by an order or decision of the Development Authority may appeal that decision, provided they do so in accordance with the time frames and requirements of the Municipal Government Act and the Subdivision and Development Appeal Board Bylaw.
There is no definition in any of these materials as to what an “affected person” is, so potential appellants, who are not applicants or the subject of an order (i.e. these persons have a right to appeal by virtue of their status), should take steps to inform themselves as to what characteristics are required to be considered for one to be identified as “affected” sufficient to be able to validly file an appeal. One does not need to be an appellant to speak to the Board in support of or against an appeal filed by someone else.
The persons who may appeal a Subdivision approval differs from that of Development Permits or Orders. If that is your concern, we recommend you seek independent advice as to the nature of that process.
When are the appeal deadlines?
The deadlines to file a notice of appeal are as follows:
| Appeal type | Deadline | |||
|---|---|---|---|---|
|
Appeal type:
Development permit |
Deadline:
The applicant may appeal within 21 days after the date on which the written decision is given (or deemed refusal). Persons affected by the permit may appeal within 21 days after the date on which notice of the approval is given in accordance with the Land Use Blyaw. |
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|
Appeal type:
Enforcement order |
Deadline:
A person affected by an order may appeal within 21 days after the date on which the order is made. |
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|
Appeal type:
Subdivision application |
Deadline:
The applicant and certain other entities listed in the Municipal Government Act may appeal within 14 days after receipt of the written decision (or deemed refusal). |
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|
Appeal type:
Other decisions |
Deadline:
Parties who wish to appeal other decisions should consult with the Municipal Government Act. They can find appeal deadlines and are encouraged to seek professional advice. |