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Subdivision Appeal Board

Subdivision & Development Appeal Board

A citizen's guide to the appeal process

  • What is the Subdivision and Development Appeal Board?
  • What can be appealed?
  • Who can appeal?
  • How to appeal?
  • What happens when an appeal is filed?
  • Meeting procedures
  • Board decisions
  • Further recourseAdditional information
What is the Subdivision and Development Appeal Board?

County of St. Paul, 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.

As part of the process, there is an opportunity for decisions of the County to be appealed.

The Subdivision and Development Appeal Board (the Board) is established under the Municipal Government Act to hear appeals on both subdivision and development decisions made by the County. The Board is a special tribunal, consisting of four members of the public and four Council members appointed every 4 years by Council.
What can be appealed?
Subdivision appeals
  • The decision of the Subdivision Authority on an application for a subdivision approval.
Development appeals
  • A decision or order of the Development Officer. There is a limited right of appeal related to land designated as direct control districts.
There is also a right of appeal where the Subdivision or Development Authority fails or refuses to make a decision.
Who can appeal?

Subdivision appeals may 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 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.

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 to appeal?

Anyone wishing to appeal must submit an appeal letter within the specified time lines. 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 appeal including the issues in the decision or the conditions imposed in the approval that are the subject of the appeal.
Appeal applications must be accompanied by the applicable fee.

The completed Notice of Appeal letter can be submitted to the Secretary of the Subdivision and Development Appeal Board by Mail:

Secretary of the Subdivision & Development Appeal Board
County of St. Paul
5015-49 Avenue
St. Paul, Alberta   T0A 3A4

or in person:

County of St. Paul
5015-49 Avenue
St. Paul, Alberta

If you have any questions, please call 780-645-3301
What happens when an appeal is filed?
Once an appeal is filed, a hearing will be arranged by the Board secretary. Written notice of the hearing will be provided to the following:

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
Development appeals
  • the appellant
  • the Development Authority
  • adjacent land owners and any other person the Board considers to be affected
Meeting procedures
  • The Planner or Development Officer will make a presentation explaining what is proposed, where it is and the reasons for the decision.
  • The appellant or his or her representative will make a verbal presentation explaining why the Board should support the appeal. If a number of people are appealing the same development, a spokesperson should be appointed.
  • If letters supporting or opposing the appeal have been obtained from neighbours, the Chairman must be advised so that the letters can form part of the appeal record.
  • Questions for clarification will be asked by the Board members
  • Persons supporting the appeal will be asked to speak followed by persons opposing the appeals
  • Final questions from the Board
  • Final comments from the appellant
Board decisions

The decision of the Board will be given verbally to anyone who telephones the Board secretary on the next business day following the hearing.

The Board issues its decision to the appellant in writing with reasons within 15 days after the hearing. Anyone else who wants a written copy of the decisions must advise the Board secretary. Until the decision is issued in writing, it is not official and cannot be acted upon.

Further recourse

The Subdivision and Development Appeal Board is the final approving authority on subdivision and development appeals within County of St. Paul. If anyone affected feels the Board made a mistake in law or jurisdiction in making its decision, he or she should seek legal advice with regard to appealing the matter to the Court of Appeal of the Province of Alberta. Otherwise, there is no further appeal.

Additional information

For additional information on the Subdivision and Development Appeal Board: