Subdivision & Development Appeal Board

A citizen's guide to the appeal process

What is the Subdivision and Development Appeal Board?
Strathcona County, 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 two Strathcona County councillors and three members of the public appointed annually by Council.

The Board schedules hearings usually every three weeks on a Friday (some exceptions apply) starting at 9 a.m. in Council Chambers, Main Floor, Community Centre, 401 Festival Lane, Sherwood Park. The meeting lasts until all agenda items for that day have been heard. Board meetings are open to the public.

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 complete a Notice of Appeal form. 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. 

Notice of Appeal Form - Subdivision & Development Appeal Board

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

Legislative and Legal Services
2001 Sherwood Drive
Sherwood Park AB  T8A 3W7 

or in person:

Legislative and Legal Services
Community Centre (Artrium Wing)
Level 2 (access via Elevator 4 from the main floor)
401 Festival Lane
Sherwood Park
Hours: 8:30 am - 12 pm and 1 pm - 4:30 pm
Parking

If you have any questions, please call 780-464-8136 or 780-464-8140.

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 Strathcona County.  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:
780-464-8136 or 780-464-8140

Last updated: Wednesday, April 13, 2011
Page ID: 2867

County Hall: 2001 Sherwood Drive, Sherwood Park, Alberta, Canada T8A 3W7