The Subdivision and Development Appeal Board (SDAB) consists of five members appointed by resolution of Council at its annual organizational meeting, or if a vacancy occurs.
Appointing a board is a requirement of the Alberta Municipal Government Act and Athabasca County follows all guidelines set out by provincial legislation. The SDAB is also governed in its decisions making process by Athabasca County Bylaw 39-2008 and all members of the SDAB must be residents of Athabasca County.
Development Permit Public Notifications
The SDAB is an independent board that hears appeals from any person affected by an order, decision or development permit issued by Athabasca County. The appeal deadline is clearly stated with each notification, and appeals must be filed before the deadline arrives.
Athabasca County publishes all Development Permits on its website and in the local newspaper. Adjacent landowners are notified by letter via Canada Post and can call our planning department with any questions about the development.
About Appeal Hearings
Appeal hearings are scheduled within thirty (30) days of the receipt of a notice of appeal. The SDAB gives at least 5 days notice in writing of the appeal hearing to the following:
- the appellant;
- the Development Authority from whose order, decision or development permit the appeal is made;
- those adjacent land owners who were notified under this Bylaw and any other person who, in the opinion of the Subdivision and Development Appeal Board, are affected by the order, decision or permit; and,
- such other persons the SDAB specifies.
When an appeal is filed fees are applicable to help cover the costs of holding a hearing. The Development Appeal Fee is $200 and is refundable if the appeal is successful.
About the Decision
The Subdivision and Development Appeal Board shall give its decision in writing together with reasons for the decision within fifteen (15) days of the conclusion of the appeal hearing.
If the decision of the Development Authority to approve a development permit application is reversed by the Subdivision and Development Appeal Board, the development permit shall be null and void.
If the decision of the Development Authority to refuse a development permit application is reversed by the Subdivision and Development Appeal Board, the Development Authority Officer shall forthwith approve the development permit application in accordance with the decision of the Subdivision and Development Appeal Board.
If the decision of the Development Authority to approve a development permit is varied by the Development Appeal Board, the Development Authority Officer shall forthwith approve the development permit application in accordance with the decision of the Subdivision and Development Appeal Board.
A decision made under this part of the Bylaw is final and binding on all parties and all persons subject only to an appeal upon a question of jurisdiction or law pursuant to the Act. An application for leave to the Court of Appeal shall be made:
(a) to a judge of the Court of Appeal; and
(b) within thirty (30) days after the issuance of the order, decision, permit or approval sought to be appealed.
