October 24, 2015 / Real-Estate
Established under the Municipal Government Act, the Subdivision & Development Appeal Board (SDAB) is in charge of both reviewing and approving planning applications and giving the go-ahead for contentious development within a municipality. Being a special tribunal, the board hears development and subdivision appeals from people who are concern with a decision made under the Land Use Bylaw by the local jurisdiction. The SDAB is a quasi-judicial body, meaning its proceedings are conducted in a court-like fashion. Appeal rulings are usually made in accordance with the provisions of various legal components including the Municipal Government Act, the provincial policies, the council policies and the statutory plans (Area Structure Plans, Land Use Bylaw and the Municipal Development Plan).
To file an Appeal for the Subdivision and Development Appeal Board, you are required to complete the required form and file directly with the Board Clerk. A specified fee should also accompany the Notice of Appeal within the stipulated filing deadline; otherwise the appeal is considered not to have been filed and can thus not be scheduled for hearing. Appellants must officially file their appeal no later than 14 days after the decision or approval or refusal was communicated.
The SDAB is required to conduct a public hearing in regards to the appeal within a period of 30 days after submission. The board must inform the affected persons in writing, at least five days before the public hearing. If the appellant is unable to attend the meeting as scheduled, they should contact the secretary to the board so as to reschedule the hearing to another date and time.
A presentation from the Development Officer/Planner from the city explaining the proposed course of action and the reasons for the decision.
A verbal presentation from the appellant or the representative of the appellant giving reasons as to why the board should support the appeal.
In the event that there is additional participant opposing or supporting the proceedings, the chairman will invite all those wishing to speak.
The board will ask clarifications questions to all participant.
Final queries from the Board to the administration
Closing remarks from the board
The SDAB is required to issue a written decision including reasons behind the decisions in not more than 15 days after concluding the proceedings. The board’s decision-making process is usually impartial with conclusions drawn from a balanced and deliberated assessment of presented evidence void of bias.
The Subdivision and Development Appeal Board (SDAB) is the absolute approving authority on matters pertaining to subdivision and development issues within the area of jurisdiction. The decision arrived upon by the board must be issued in writing for it to become official and be acted upon. The decision arrived at by the Subdivision and Development Appeal Board not only shapes the community, but also affects the lives of developers, businesses, neighbors and citizens in general.