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Subdivision & Development Appeal Board

Subdivision & Development Appeal Board Bylaw A-358 and Amending Bylaw 20-2000

What is the Subdivision and Development Appeal Board?

The Subdivision & Development Appeal Board (SDAB) is an independent quasi-judicial body established by Town Council authorized to render decisions on appeals resulting from decisions of the Subdivision Authority or the Development Authority in accordance with the Provincial Land Use Policies, the Subdivision and Development Regulations, the Land Use Bylaw and Statutory Plans.

When are SDAB meetings held?

Meetings for this Board are held in the Council Chambers in the Administration Building, located at A – 4900 50 St. Taber, AB.  Meetings are held as may be required.  

What can be appealed?

A decision of the Development Officer, Subdivision Authority or Municipal Planning Commission in relation to a development permit application, a subdivision application or an enforcement order.

The most commonly appealed decisions are:
    1. A discretionary development permit decision
    2. An order of the Development Authority to stop construction or the present   use of a property. 
    3. Subdivision decision.

Who can appeal? 

In the case of development decisions: the applicant or anyone who is affected by the decision can appeal.

In the case of Subdivision decisions: the applicant, a provincial government department if the application is required to be referred to that department, and a school authority.


What is the cost of an appeal?

$350.00 to appeal.
$150.00 is returned to the appellant if the appeal is upheld.

Where do I get an appeal form?

Appeal forms can be obtained at the Town Administration Office, or through the below links:

Subdivision Appeal Form

Development Appeal Form

A-4900 50th Street, Taber, AB, T1G 1T1

Current Members of the Subdivision and Development Appeal Board:

Ray Untereiner
Debbie Sargeant
Ben Koersen
Joanne Sorensen
Dave McKee







Appeal Hearing Information
What happens when an appeal is filed?

An appeal hearing will be arranged by the Secretary of the Board. This hearing will take place within 30 days of the appeal being filed. Both the appellant and the applicant will be notified of the hearing in wiring at least five days prior to the hearing.

In the case of a Development decision:

Letters advising of the appeal will be mailed to property owners affected by the appeal (ie, owners of neighbouring radius).

In the case of a Subdivision decision:

Letters announcing the appeal hearing will be mailed to adjacent landowners within the 100m radius.


Decision:

The Board may approve or deny the appeal and add conditions to an approval or refusal.

The decision of the SDAB may be given verbally after the hearing. The decision is not official, nor can it be acted upon until it is issued in writing.

The Board will issue its decision in writing within 15 days after the hearing.

What if the decision is unfavorable?

The SDAB is the final approving authority on development matters within the Town of Taber.  If any affected person feels the Board erred in law or jurisdiction in making its decision, they may seek their own legal advice with regard to appealing the matter to the Court of Appeal of the Province of Alberta.  This has to be done within 30 days of the date of decision.
Preparing for the Hearing:
 
If you wish to submit written material to the Board, it should be delivered to the Secretary of the SDAB no later than 12:00 Noon on the Wednesday prior to the hearing.

If you are unable to meet the submission deadline, please bring 12 copies of the materials to the hearing and it will be distributed at the start of the hearing.  All documents (including the appeal letters) are public and available to anyone who would like to review it. 

Individuals can appoint a representative to speak on their behalf.

Meeting Procedure:

The Chairman will announce each appeal and the Development or Subdivision Officer will be called upon to present their application.

The chairman will then hear:
    1. The appellant(s) (person appealing)
    2. Individual(s) against the appeal
    3. Any others wishing to speak to the appeal
    4. Questions from the Board
    5. Rebuttal from the appellant(s)

Be prepared to summarize your presentation. The Board may limit your presentation to five minutes.


Failing to attend the hearing:

If you are not at the hearing when it begins, the Board may proceed without you. If you cannot attend the hearing, you should clearly describe your position on the appeal form or file a written submission ahead of time.


Withdrawal of an appeal:

Any withdrawals of an appeal must be in written form.