Municipality of Cypress County

The filing fee of $300 must be received by the Subdivision and Development Appeal Board Clerk before your appeal will be processed.

Accepted methods of payment are:

• Cheque (made out to Cypress County)
• Cash
• Debit

If you are considering filing an appeal it is important to know if there is a right of appeal, the deadlines involved and who can make the appeal.

Dialogue between appellant and the development authority or the board clerk are encouraged to seek clarification prior to moving forward. Ensure you have a clear understanding of the decision or conditions that you are in disagreement with. Doing so will help you determine if there is a right of appeal and what the potential outcome could mean.

The SDAB has jurisdiction to hear appeals related to the following:

• A decision of the subdivision authority concerning a subdivision application
• A decision of the development authority concerning a development permit application
• Enforcement order (stop order) issued by the development authority

If you are considering filing an appeal it is important to know if there is a right of appeal, the deadlines involved and who can make the appeal.

Development appeals

May be filed by anyone who is affected by a decision of the development authority in relation to a development permit. You can appeal if:

• Your application has been denied.
• Your application was approved with conditions unacceptable to you.
• Your application for a development permit is deemed refused. (meaning a decision was not made within 40 days after the receipt of an application).
• You are a neighbour affected by an application that was approved where the provisions of the land use bylaw were relaxed, varied or misinterpreted.

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. Affected neighbours cannot file an appeal. You can appeal if:

• Your application was approved with conditions unacceptable to you;
• Your application for subdivision is refused, or;
• Your application for subdivision is deemed refused (meaning a decision was not made within 60 days of the receipt of the completed application)

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

Notice of Order (Stop Order)

Enforcement orders are issued by the development and/or the subdivision authority for a breach of the Land Use Bylaw.

The SDAB only has the authority to vary or set aside an enforcement order. This limits the board to focusing on the issue of whether or not the order was issued properly by the development authority.

Who can appeal:

• The property owner
• The person in possession of the land or building
• The person responsible for the contravention
• Any person considered to be affected by the order

In accordance with the Municipal Government Act of Alberta, a hearing will be arranged within 30 days.

The Board Clerk will notify the appellant, the applicant and/or property owner (if other than appellant), adjacent property owners and any other applicable parties.

The Notice of Hearing contains the date, time, and place of the board hearing and the deadline for submissions to the Board Clerk.

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.

The Board Clerk assembles an agenda for the hearing consisting of the appeal form, submissions from the development authority, the appellant/applicant/owner and any other submissions received. The agenda is distributed to the SDAB members and parties involved for review prior to the hearing.

All materials submitted as part of the hearing process, including the appeal form, become part of the agenda and are made available to the public and may be referenced in the board’s public written decision.

Any personal information that is included in the submissions is collected under the authority of the Freedom of Information and Protection of Privacy Act, Section 33(c) and the Municipal Government Act, Sections 678 and 685. If you have any questions regarding the collection of information, please contact the FOIP Coordinator at (403) 526-2888.

Listed below are some suggestions to assist in preparing your evidence submission:

• Include as much information as possible so that the board can fully understand what you are appealing;
• An explanation of your proposed development or the use you intend on the property;
• Site plans and elevations or a drawing of the site and buildings;
• Photographs;
• A list of specific reasons why you feel your appeal should be granted.

• The Subdivision and Development Appeal Board
• The Board Clerk
• You, the appellant
• The applicant or landowner if other than yourself
• Planning and development staff
• The public may attend to observe or to speak at the hearing

Persons who file an appeal are encouraged to make a verbal presentation to the Board. Persons who have been notified of the appeal also have the right to present a verbal, written and/or visual presentation to the Board.

If desired, parties may have someone, or an agent, speak on their behalf. If a number of appeals are filed on the same development, it is recommended that a spokesperson be selected to organize presentations so that evidence is not repetitive.

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.

The presiding chair announces each appeal and will call a representative of Development/Subdivision Authority to present their report and the reasons for their decision.

For a development or subdivision appeal, the chair will then ask for:

• All speakers in favour of the appeal (persons who filed an appeal or support the position of the appellant).
• All speakers opposed to the appeal (persons who oppose the position of the appellant).

For an appeal against a stop order, a representative for the development authority will present their report and then the chair will ask for:

• All speakers in favour of the enforcement order (persons who oppose the position of the appellant).
• All speakers opposed to the enforcement order (persons who filed an appeal or support the position of the appellant).

Individuals who have presented their case will be given an opportunity for rebuttal once the board has questioned the development/subdivision authority or bylaw enforcement officers on any issues raised during the proceedings. Rebuttal is an opportunity to refute information and evidence presented since the last time you spoke that you could not have reasonably anticipated. It is not an opportunity to reargue your case or create new argument.

When presenting an appeal, keep in mind the board does not consider precedent when making its decision. Each application is judged on its own merits.

When all the evidence has been presented, the Board will hear closing statements from both parties. This includes a brief summary of your case and the arguments supporting them.

The board members may ask questions at any time during the hearing.

After closing statements the chair will adjourn the hearing.

Following the hearing, the board will deliberate in private and will consider both verbal testimony and written submissions from all parties. The board judges each application on its own merits. In accordance with the legislation that governs the board, it can only consider relevant information when rendering a decision.

A written decision will be issued within 15 days after the hearing. Until the decision is issued in writing, it is not deemed official and therefore cannot be acted upon.

The decision of the board is final.

However, the decision can be appealed to the Court of Appeal on a question of law or jurisdiction. If you wish to appeal, you must follow the procedure found in section 688 of the Municipal Government Act which requires an application for leave to appeal to be filed and served within 30 days of the decision.