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Subdivision and Development Appeal Board

Subdivision and Development Appeal Board
 

The Calgary Subdivision and Development Appeal Board (SDAB or Board) is a quasi-judicial board established in accordance with the Municipal Government Act and The City of Calgary Bylaw 25P95 (SDAB Bylaw). The SDAB hears appeals regarding decisions made by The City of Calgary subdivision and development authorities and renders decisions based on the evidence presented.

The Board is independent from the Development and Subdivision Authority. The SDAB makes decisions in an impartial manner and applies the principles of natural justice and procedural fairness, which includes but is not limited to: the right to a public hearing; a duty to be fair; the right for all affected parties to be heard; the right to an adjournment if the SDAB determines it is merited; and the right to legal counsel.

Where and when does the Board meet?

The SDAB holds its regular public meetings every Thursday commencing at 9 a.m. in the First Floor Hearing Room, 1212 31 Avenue NE.  The Board meets until all items on the agenda for that day have been dealt with, or until 4:30 p.m.  The Board will not begin a new matter after 4 p.m.  Appeals not dealt with will be adjourned to the next scheduled panel meeting date.

New for 2014

In response to a notice of motion that was passed by Council in 2012, stakeholders gave input on ways the SDAB could be more efficient and effective. This input formed a series of recommendations from the SDAB and the City Clerk that were adopted by City Council in 2013. The recommendations focused on four themes including fee structure and fee refunds; tools to manage hearing timelines and delays; organizational capacity and succession planning; and communicating with citizens.

On January 1, 2014, appeal filing fees will increase from $25 to $100.  The new appeal filing fee will be refundable if the appeal is withdrawn prior to the commencement of the hearing, or at the discretion of the Board if the hearing has commenced.  Appeal filing fees have not changed since 2002, and are increasing to more appropriately reflect the significance of the appeal process.

A new one-year pilot project will be implemented to help manage hearing timelines and scheduling by considering procedural and jurisdictional issues at the beginning of hearings. The pilot project is designed to help manage timelines and scheduling and to prevent unnecessary delays resulting from, for example, not knowing who will be party to a hearing, the issues which will be raised, and the nature and scope of evidence which will be presented to the SDAB.

The SDAB will determine which appeals will participate in the pilot project beginning with appeals filed starting January 1, 2014. Selection of appeals for the pilot project will be a discretionary decision made by the SDAB.  The SDAB may exercise this discretion based on some or all of the following factors:

  • The complexity of the issues raised in the appeal;
  • The scope of the appeal;
  • The number of appellants;
  • The number of affected persons;
  • The status of appellant(s) as affected person(s);
  • The nature of the proposed development;
  • The classification of the proposed development under the Land Use Bylaw;
  • The presence of any other preliminary and/or procedural issues;
  • The presence of any other jurisdictional issues;
  • Time sensitivity of scheduling;
  • Adjournment requests;
  • Requests by parties for determination of procedural and/or jurisdictional issues; and
  • Any other factors the SDAB considers relevant.

Please use the links below to obtain further information on the following topics:

SDAB Brochure
2014 Meeting Dates
Agenda
Appeal Processes
Board Composition
Contact SDAB
Decision Search
Filing an Appeal
Frequently Asked Questions
Glossary of Terms
Hearing Preparation
Public Notice
Public Reports
Understanding Governing Legislation

The information contained herein is intended for information purposes only and should not be construed as legal advice. For legislative certainty, you should consult the Municipal Government Act and other related statutes and regulations.