Validity, suspension, cancellation and expiration

A development permit is valid as soon as it is issued by the development authority in accordance with this bylaw.

The development authority may cancel a development permit following its issuance if:

1. (a) the application for the development permit contains a misrepresentation or incorrect information;
2. (b) facts were not disclosed which should have been at the time of consideration of the application for the development permit;
3. (c) the development permit was issued in error; or
4. (d) the applicant requests, by way of written notice to the development authority, the cancellation of the development permit.

If the development authority cancels a development permit, the development authority:

1. (a) must provide written notice of and reasons for the cancellation to the owner of the lot; and
2. (b) will use best efforts to provide written notice of and reasons for the cancellation to the applicant for the development permit.

No person shall commence or carry on or cause or allow to be commenced or carried on, a development after the development permit has been cancelled.

A development permit remains valid and in effect from its date of issue until:

1. (a) it is cancelled in accordance with this bylaw;
2. (b) it expires in cases where the development permit was issued for a limited period of time; or
3. (c) it expires due to the failure of the applicant to commence the development as required under this bylaw.

Time to commence development

The applicant must commence, or cause to be commenced, the development within one year of the later of:

1. (a) the date of issue of the development permit;
2. (b) in the case of an appeal to the Appeal Board or Tribunal, the date upon which the Appeal Board or Tribunal renders a written decision to issue or confirm the issue of a development permit; or
3. (c) in the case of an appeal or permission to appeal to the Alberta Court of Appeal, or a further appeal to the Supreme Court of Canada, the date on which the appeal has been finally determined and the development is allowed to proceed in accordance with the development permit.

For the purpose of section 2.11(6), development commences:

1. (a) where the development permit is for a change of use, a change of intensity of use, or both, and no significant construction is necessary, when the use that was approved by the development permit is established or begins operations; or
2. (b) where the development permit is for construction, or for construction combined with a change of use, a change of intensity of use, or both, when the lot has been altered in furtherance of the construction of the development that was approved by the development permit. Without restricting the generality of the foregoing:
   1. (i) excavation in anticipation of construction is an alteration of a lot; and
   2. (ii) fencing a lot where a development permit is not required for a fence, erecting signs, obtaining permits, or minor interior demolition are not alterations of the lot.

Administration may grant a request to extend the date before which development must commence as specified in section 2.11(6) of this bylaw or any previous land use bylaw provided:

1. (a) the request is made in writing prior to the expiry date of the development permit; and
2. (b) the length of any extension is no longer than one year.

When a development permit expires, in order to proceed with the proposed development, a new development permit application must be submitted. In such event, the development authority has no obligation to issue a new development permit on the basis that one had previously been issued for the proposed development.

Temporary development

If the development authority decides to issue a development permit for any of the uses listed below, the development authority must issue the development permit for the limited period of time set out in Table 2.11(A) below:

Table 2.11(A) Maximum validity of temporary use development permits

The development authority may issue a development permit for a limited period of time for a proposed development that:

1. (a) is a permitted use or a discretionary use in the zone; and
2. (b) is, in the opinion of the development authority, intended to be temporary, inherently temporary, or should be temporary.

If a development permit is issued for a limited period of time, the development authority:

1. (a) must issue the development permit with a condition that, by the expiry date of the development permit, the applicant, at their sole cost and expense, will cease to use and remove, or cause the cessation of use and removal, of the temporary development from the lot; and
2. (b) may require the applicant to enter into an agreement with the County guaranteeing the removal of the temporary development when the intended use is changed or discontinued or the development permit expires, whichever comes first.

When a development permit for a temporary development expires, and the applicant wishes to continue the temporary development, a new development permit application must be submitted. In such event, the development authority has no obligation to issue a new development permit on the basis that one had previously been issued for the temporary development.