PLANNING & DEVELOPMENT | APPEALS
The Municipal District of Lesser Slave River, 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 municipality to be appealed. The Subdivision & Development Appeal Board is established under the Municipal Government Act to hear appeals on both subdivision and development decisions made by the municipality.
Any development permit application can be appealed if the Development Authority for the municipality:
- Refused or fails to issue a development permit to a person;
- Issues a development permit subject to conditions; or
- Issues an order under Section 645 of the Municipal Government Act.
The decision of a Subdivision Authority on an application for subdivision approval may be appealed by:
- The applicant for the approval;
- The Government department if the application is required by the subdivision and development regulations to be referred to that department;
- The Council of the municipality in which the land to be subdivided is located; or
- The school authority.
Anyone wishing to appeal must complete a Notice of Appeal form within 14 days following: the issuance of the permit; or the receipt of the written decision of the Subdivision Authority. 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.
Applications must be accompanied by the applicable fee.
The Subdivision & Development Appeal Board must hold an appeal hearing within 30 days after receipt of a notice of appeal. They must also give at least 5 days' notice in writing of the hearing to the applicant for subdivision approval; the subdivision authority that made the decision; neighbouring municipalities if the land is on a boundary; any school authority; and every Government department that was given a copy of the application, pursuant to the subdivision and development regulations.
At the hearing, the Board must hear from the appellant or the individual acting on their behalf, the Development Authority, and any other person who was given notice of the hearing and wishes to be heard. The Subdivision & Development Appeal Board must give its decision in writing together with reasons for the decision within 15 days after concluding the hearing.
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