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 PUBLIC MEMBERS SOUGHT FOR SUBDIVISION AND DEVELOPMENT APPEAL BOARD

The City of Grande Prairie is currently accepting applications for 4 Public Member appointments to the Subdivision and Development Appeal Board (SDAB).

The Positions are Temporary and will ONLY be filled for the SDAB hearing scheduled on Monday, December 4, 2017.

Applicants must be at least 18 years of age and meet the skills, abilities and experience requirements as outlined in Bylaw C-964 for the SDAB.

Only applicants who are available to attend on Monday, December 4, 2017 will be considered.

Detailed information on this opportunity, including an online application form can be accessed HERE.

The deadline for applications is October 31, 2017.

 

 

 

Here is a quick citizen's guide to the appeal process:

 

What is the Subdivision and Development Appeal Board?

 

What can be appealed?

Who can appeal?

How do I file an appeal?

Deadline for filing an appeal

What happens after I file an appeal?

How to prepare for the hearing

Meeting Procedures

How do I withdraw my appeal?

SDAB Decisions

 

 

What is the Subdivision and Development Appeal Board?

The City of Grande Prairie, like other Alberta municipalities, is responsible for reviewing and approving applications for land to be subdivided and for different types of development within the municipality. Part of the process includes the opportunity for decisions made by the Developing Authority to be appealed.

The Subdivision and Development Appeal Board (the SDAB) is a quasi-judicial board established under the Municipal Government Act of the Province of Alberta. It is a tribunal, consisting of up to two members of Council and up to five members of the public. Council members are appointed annually while Public members hold three year terms.

The SDAB hears appeals with respect to decisions of the City of Grande Prairie's Development Authority and renders decisions based on relevant planning matters.

 

What can be appealed?

  • 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

 

Who can appeal?

Subdivision appeals can be filed by:

  • the applicant for subdivision approval;
  • government departments to which subdivision applications are required to be referred for comment;
  • school authorities on limited issues relating to municipal and school reserves.

The Municipal Government Act of Alberta does not provide for adjacent owners to appeal be they are entitled to be notified of an appeal and to be heard at the Board hearing.

Development appeals may be filed by anyone who is affected by a decision of the Development Authority in relation to a development proposal. Appeals may not be filed for a permitted use unless the Development Authority relaxed, varied or misinterpreted the Land Use Bylaw.

 

How do I file an appeal?

Anyone wishing to appeal must complete a Notice of Appeal form. The appeal must contain the following information:

  • legal description and municipal location, if applicable, of the land proposed to be developed or subdivided;
  • the reason for the appeal including the issues in the decision or the conditions imposed in the approval that are the subject of the appeal;
  • applications must be accompanied by the applicable fee.

The forms can be found here:

Notice of Development Appeal (PDF, 140KB)

Notice of Subdivision Appeal (PDF, 251KB)

 

Submission

By Mail:
Legal Services Advisor, City of Grande Prairie
Postal Bag 4000
Grande Prairie AB
T8V 6V3

In Person:
Legal Services Advisor, City of Grande Prairie
1st Floor City Hall
10205 – 98 Street

 

Deadline for filing an appeal

In accordance with the Municipal Government Act of Alberta, an appeal to the SDAB must be received on or before the final date for appeal. Any appeal received after the deadline will not be considered by the SDAB. the appeal deadlines are as follows:

Development Appeals - If the development permit was approved, the applicant has 14 calendar days from the date they were notified of the approval.

If you are considered an affected person, you have 14 calendar days from the date the approval was advertised in the local paper.

If the development permit was refused, the applicant or owner of the property has 14 calendar days in which to file the appeal, based on the date they were notified of the refusal.

Subdivision Appeals - Only 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.

Enforcement Orders - 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 14 calendar days from the date the person was notified of the Order.

 

What happens after I file an appeal?

In accordance with the Municipal Government Act of Alberta, a hearing will be arranged within 30 days. Written notice of the hearing will be provided as follows:

Development Appeals:

  • the appellant;
  • the Development Authority;
  • adjacent landowners and any other person the Board considers to be affected.

Subdivision Appeals:

  • the applicant for subdivision approval;
  • the Subdivision Authority;
  • other municipalities, if the subject land is adjacent to another municipality;
  • school authority to whom the application was referred;
  • adjacent land owners;
  • each municipal, provincial and federal government department that receives a copy of the original subdivision or permit application.

Appellants are not to contact members of the Board regarding their appeal, as this will disqualify members from participating in the hearing. Board members do not discuss appeals with the Development Authority prior to hearings.

 

How to prepare for the hearing:

Listed below are some suggestions that may be helpful in preparing for a hearing:

  • Determine the relevant planning issues associated with the appeal. Examples include compliance with planning legislation, design, and impact on adjacent properties, parking and traffic.
  • Prepare a clear, concise and logical written presentation. Submit by deadline for inclusion in the report to the SDAB, along with any other evidence you will be presenting.
  • Ask neighbours affected by the proposed development to speak on your behalf, writer letters outlining their position in support or objection.
  • Attend an SDAB hearing before the date of your own hearing in order to obtain an understanding of the process.
  • Review the contents of the SDAB Report.

The SDAB Administration assembles a report consisting of the appeal form, submissions from the Development Authority and the appellant/applicant/owner. The report is distributed to the SDAB members for review prior to the hearing and is available to the parties involved prior to the hearing.

All written materials submitted prior to the hearing, including the appeal form, become part of the report prepared for the SDAB and are made available to the public. Personal information is collected under the authority of the Freedom of Information and Protection of Privacy Act, Section 32(c) and the Municipal Government Act, Sections 678 and 685. If you have any questions regarding the collection of information, please contact Legislative Services at (780) 357-7523.

 

Meeting Procedures

The Chair announces the appeal and calls a representative of the Development Authority to present the application or order outlining the proposed development, location of the site and the reasons for the Development Authority's decision.

The Chair will then ask for:

  • All speakers in favour of the appeal (persons who filed the appeal or support the position of the appellant).
  • All speakers opposed to the appeal.
  • If letters supporting or opposing the appeal have been obtained from neighbours, the Chair must be advised to have them included in the record.
  • Questions for clarification may be asked by the SDAB members.

The SDAB does not, on its own initiative, seek information or evidence. The SDAB relies on the written evidence presented, as well as verbal submissions at the hearing, as the basis for their decision. Therefore, it is critical that persons appearing before the SDAB ensure that sufficient evidence is presented to support their respective positions.

The SDAB does not consider precedent when making its decision. Each application is judged on its own merits. The reason is, the SDAB has no way of knowing if sites presented as a precedent were built with or without the benefit of a development permit, or whether they have another status under the City of Grande Prairie Land Use Bylaw.

Exhibits used during a presentation become part of the SDAB record of the hearing and must be retained for a minimum of 60 days. If return of this material is required, the SDAB must be advised at the conclusion of the hearing and arrangement will be made for its return at the end of the retention period.

 

Withdrawal of an appeal

A withdrawal should be submitted in writing to the SDAB office as soon as possible. Your co-operation will prevent any unnecessary delays for the SDAB and will help the City use its resources efficiently and effectively.

 

SDAB Decisions

The SDAB issues its decision to the appellant in writing with reasons within 15 days after the hearing. Anyone else who wishes to receive a copy of the decision must submit their request to the SDAB Administrator. Until the decision is issued in writing, it is not deemed official and therefore cannot be acted upon.

Notice of Decisions for the SDAB for Grande Prairie can be found here.


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Last updated: 9/27/2017 1:38:10 PM