Subdivision and Development Appeals

• A decision of the Development Authority concerning a development permit application.
• a decision of the Subdivision Authority concerning a subdivision application.
• a Stop Order issued by the Development Authority.

An applicant or any affected person can file an appeal if:

• your application was denied;
• your application was approved with conditions not acceptable to you;
• you object to a Stop Order;
• you are a neighbor who was affected by an approved application, or
• Planning & Development Services failed to issue a development permit within forty (40) days of the application.

If the Appellant who paid for the Appeal requests to withdraw the Appeal prior to commencement of scheduling the Hearing, the Appeal fee will be refunded and no Hearing will be held.

However, if the Appellant who paid for the Appeal requests to withdraw their Appeal after the Hearing is scheduled, a decision of the SDAB is required under the legislation and the Appeal fee may only be returned upon the discretion of the SDAB Board through a recommendation to Council.

Before filing an appeal, you may wish to:

• talk with the Applicant;
• consult the County Planning & Development Department to ensure that you have all the information about the proposed development or subdivision;
• speak with the SDAB Clerk for information related to the Hearing Process. Please note: The SDAB Clerk can only provide assistance and information related to the SDAB Hearing Process, and it it cannot be construed as legal advise or be any assurance towards a favorable decision. The SDAB Clerk cannot act as an agent, counsel or be an advocate to any party or offer an opinion on the merit or lack of merit of any appeal.
• seek legal advise if you require further assistance.

The Appellant and Development are required to provide a summary of testimonial evidence for inclusion in a Hearing. However, all other verbal or written submissions may be submitted in advance or presented at the time of the Hearing, as there are no requirements related to additional/supplemental evidence or information and the acceptance of such is at the discretion of the SDAB.

All relevant information and materials included in the Hearing Agenda Package will be made available to the public, which will appear on the County Website and available for public inspection at the County Administrative Office.

To file an Appeal for the SDAB:

• complete and submit the SDAB Notice of Appeal Form - Subdivision and Development. Filing can be done online or in person at the County Administration Office.
• pay the required fee
• file within the deadline. If an Appeal is filed after the deadline, the SDAB Board will meet to decide whether or not it has the jurisdiction to hear the Appeal.

Once you have filed an Appeal, you should prepare your argument and presentation to fully represent your position.

Every party is entitled to choose to present or not. Parties are encouraged to make their own presentations or arguments and not rely on others to make their case on their behalf (unless you have chosen to be represented by an Agent or Counsel).

What is the deadline for filing an Appeal?

Development Permit:

• 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 notice of the approval is given, in accordance with the Land Use Bylaw (LUB).

Subdivision Application:

• The Applicant and certain other entities listed in the MGA may appeal after 14 days after receipt of the written decision (or deemed refusal).

Stop Order:

• A person affected by a Stop Order may appeal within 21 days after the date on which the order was made.

What happens if someone files outside of the Appeal period?

The issue of validity can only be determined by the SDAB. The SDAB will consider this issue by deciding whether the Appeal was filed within the deadlines, which are found in the MGA. If the SDAB finds that the Appeal was filed late, the Appeal will be struck and no Hearing will be held.

The SDAB does not have the authority to extend these filing deadlines found in the MGA.

The appropriate Appeal Fee must accompany your Appeal or it is considered incomplete and will not be processed.

Appeal Fees can be paid to the County of Wetaskiwin in various ways, with full details available under Payment Options.

Appeal Fees are listed in Schedule "C" of the Fees and Charges Bylaw.

The SDAB must hold a Hearing within thirty (30) days of the Notice of Appeal being filed.

Five (5) days notice, announcing the time and location of the Hearing, as well as the location where the evidence can be reviewed, must be made to the public.

• If you have been notified and/or are affected by the Appeal, you will have the opportunity to submit something in writing, participate in the Hearing, or both.
• However, if you feel you are not affected, you can choose to do nothing and discard the notice.

Hearings must be held in public, including evidence gathering and presentation of arguments, for or against, since the parties are entitled to know the facts of the case.

Everything that the SDAB has that is relevant to the case is to be disclosed. 

However, deliberations of the SDAB can be conducted in private (absent of the public).

SDAB Hearings generally follow the format laid out below.

However, a SDAB has the flexibility to change the format in order to ensure a fair and efficient Hearing.

For example, the SDAB may recess to allow participants to review new material and may move to postpone or adjourn if more time is needed to ensure the Hearing is thorough and complete.

• Introduction by the Chair: The Chairperson will clearly outline the Hearing Process and provide participants with the rules of decorum.
• Subdivision/Development Authority Presentation: The SA/DA will describe its decision.
• Applicant's Presentation: Where the Appeal involves an Subdivision or Development Application, the Applicant will describe their proposal and make their presentation based on the grounds of their Appeal.
• Appellant's Presentation: The Appellant, if different than the Applicant, will make their presentation based on the grounds of their Appeal.
• Presentations from Affected Persons: The SDAB will hear first from persons "In Favor of the Appeal' and then persons 'Opposed to the Appeal'. The SDAB Clerk will read into record any written submissions received from affected persons.
• Questions and Clarification: The SDAB will have the opportunity to ask questions for clarification, directed through the Chair, following each presenter. The Appellant and other participants in the Hearing may also ask questions of on another, and these are also to be directed through the Chair.
• Summation and Closing Comments: This is the opportunity for brief summaries and closing remarks from all participants. This is not intended to repeat presentations in full but to reiterate the position and add new remarks.
• Close of the Hearing: The presiding Chairperson will conclude the Hearing when it is determined that all issues have been deal with.

Postponements and Adjournments: These are typically evaluated at the beginning of a Hearing and are not automatically granted. Participants should arrange to have someone attend on your behalf if you are not able to be present in case a request is denied and the Hearing proceeds. The SDAB will consider each request on its own merits and will take into consideration the impact of all parties involved.

Board Deliberations

Once the SDAB Hearing is concluded, the Board will deliberate in private to decide the outcome of the Appeal.

• The SDAB decision is not final until it is signed and issued.
• The SDAB must present its decision and reasons in writing within fifteen (15) days.

SDAB Board Decisions:

The MGA requires a SDAB to provide its decision in writing and with reasons.

Written decisions of the SDAB must explain the SDAB's reasons for reaching the conclusions it did, and should include the following:

Summary of Evidence and Finding of Facts: This should include the evidence the SDAB considered and that which it did not.

Reasons: The reasons should be clear and include the nature of the issue(s) raised during the Appeal, the SDAB's key findings of fact, discussion of the statutory requirements, applicable legislation and planning documents, as well as issues and arguments raised by the parties with the SDAB's decision on each of the issues.

Outcome: When considering an Appeal, the SDAB may:

• refuse,
• approve, or
• approve with conditions.

Where the decision of the SDAB is to approve with conditions, the written decision must clearly state the conditions intended to be attached to the approval. These conditions should clearly state:

• the steps the Applicant must take to satisfy the conditions,
• who can determine if the conditions have been satisfied, and
• time for compliance.

Appealing a SDAB decision:

A decision of the SDAB is final and binding on all parties and may only be appealed to the Court of Appeal on a question of law or jurisdiction within 30 days of the decision.

For Subdivision Appeals:

The circumstances where the LPRT hears Subdivision Appeals are set out in Section 678(2) of the Municipal Government Act (MGA) and Section 26 of the Matters Related to Subdivision and Development Regulation. In summary, they state the LPRT hears Subdivision Appeals 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" meaning 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 or the Minister of Forestry, Parks and Tourism
• within the following distances.

Note: Some of these distances may be varied in writing by a Provincial Government Department, in which case the SDAB will hear the Appeal.

For Development Appeals:

The circumstances where the LPRT hears Development Appeals are set out in the MGA, Section 685(2.1) and Section 27 of the Regulation. In summary, these provisions say that the LPRT 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 or the Minister of Forestry, Parks and Tourism.

For more information relative to the LPRT, please visit the LPRT website.