Subdivision & Development Appeal Board

Responsibilities

The SDAB is a quasi-judicial authority (similar to a legal body) that hears appeals of decisions made by development officers, the Subdivision Approval Authority, or the Canmore Planning Commission with respect to subdivisions, development permits or stop orders issued by the Town.

  pdf Subdivision and Development Appeal Board Bylaw 26-95 (250 KB)

Meetings

The SDAB only meets when an appeal is received.  Dates, times and locations of meetings will be advertised on this page and in the Rocky Mountain Outlook with a minimum of 5 days notice. Meetings are held in public, however the SDAB is authorized to deliberate their final decision without the public present. 

Membership

The SDAB is made up of 4 public members and 1 member of Council. Board members are appointed by Council in late October every year for a one-year term. For more information about applying visit Apply for a Committee.

2016/2017 Public Members

  • June Daniels
  • Greg Birch
  • Ron Casey
  • Deb Mayberry

Council Representatives

  • Rob Seeley
  • Vi Sandford (alternate)

Contact

For more information, contact Planning and Development at 403-678-1515. 


Decisions Eligible for Appeal

In the case of a decision on a development permit:

  • anyone who has applied for a development permit, and
  • anyone "affected" (e.g. neighbours) by the decision.

In the case of a decision on a subdivision application:

  • the applicant,
  • a government department, and
  • a school authority

Note that neighbours cannot appeal a subdivision application.

In the case of a Stop Order:

  • anyone subject to or affected by the Stop Order.

In the case of an amendment to the Land Use Bylaw by Council, there is no appeal to the SDAB permitted.

Affected Persons

Examples of an affected person is someone who owns property, carries on a business, or resides in the vicinity of a proposed development. A person who only visits the area does not qualify as an affected person. 

Appeal Deadlines

A pdf Notice of Appeal form (23 KB) must be submitted within 14 days of notification of a decision or order to:

The Town of Canmore Planning and Development Department
Main Floor 902 7th Avenue
Canmore, Alberta
T1W 3K1

In the case of subdivision appeals, the deadline for appeal is 19 (14 plus five for mailing) calendar days from the date the decision is mailed.

In the case of development appeals, the deadline for appeals is 14 calendar days from the date the decision is received 

  • if the application is approved, this date will be 14 days from the date the approval is advertised in the local papers
  • if the application is refused, the date will be 14 days from when the decision is either picked up, delivered, faxed or received via registered mail.

In the case of an enforcement order: the deadline for appeal is 14 days from the date the order is received.

Contents of an Appeal

  1. Any person initiating an appeal to the SDAB shall pay a fee of $250 at the time the appeal is submitted.
  2. All appeals shall include a statement describing the reasons for the appeal.
  3. An appellant may make a written request to the Board for a refund of the development appeal fee. Requests for refunds should be submitted with the appeal and include a written statement of the reasons for the request.

Irrespective of the Boards decision on an appeal, the Board shall have the discretion to refund any or all of an appeal fee.

Appeal Process
The appeal must be heard by the SDAB within 30 days of submission. The Board must hold a public hearing. Five days prior to the public hearing the appellant, the appellant and other affected persons will be notified in writing. If you are unable to attend the scheduled meeting, please contact the SDAB secretary to attempt to arrange for the hearing to be rescheduled. Every appeal to the SDAB is advertised in the weekly newspaper at least five days prior to the hearing. Five days before a public hearing you may pick up a copy of the agenda package for the appeal hearing at the Town of Canmore Planning & Development Department, 902 7th Avenue.

Appeal Hearing

  1. If you file an appeal you are expected to make a verbal presentation to the SDAB. You may have someone speak on your behalf. If you wish to have your submission included in the SDAB agenda package, please submit it to the Secretary of the Board at 902 7th Avenue five (5) working days prior to the hearing. Large submissions presented the night of the hearing may cause the hearing to be postponed while the Board reviews the submissions.
  2. The Board suggests that all speakers limit their presentation to five minutes. The Board only hears the relevant planning matters of the appeal. If you stray from them, the Board will let you know.
  3. The SDAB must give a written decision together with the reasons for the decision within 15 days of concluding the hearing.

Note: Certain subdivision appeals fall under the jurisdiction of the Municipal Government Board rather than the local Subdivision and Development Appeal Board. Please call (780) 427-4864 for questions regarding the Municipal Government Board.