Subdivision and Development Appeal Board

The Town of Stony Plain Subdivision and Development Appeal Board (SDAB) is a quasi-judicial board established in accordance with the Municipal Government Act and the Town of Stony Plain SDAB Bylaw.

The SDAB hears appeals regarding decisions made by the Town of Stony Plain subdivision and development authorities and renders decisions based on the evidence presented at a hearing.

The SDAB is independent from the Town of Stony Plain Planning Department as is comprised of Town residents and one member of Council. The SDAB makes decisions in an impartial manner and applies the principals 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 and the right to legal counsel.

What can be appealed?

You can submit an appeal for:

A decision of the Subdivision Authority concerning a subdivision application.
A decision of the Development Authority concerning a development permit application.
A Stop Order issued by the Development Authority.

Who can file an appeal and what are the steps?

You can appeal a development authority's decision if:

Your development permit application has been refused
Your development permit application was approved with conditions that are unacceptable to you
You have been issued a stop order directing you to stop construction or stop the present use of your property
You will be affected by a new development or new use of someone else's property
If a development authority refuses or fails to issue a development permit within 40 days of receipt of the application

You can appeal the subdivision authority's decision if:

Your subdivision application has been refused
Your subdivision application was approved with conditions that are unacceptable to you
If a subdivision authority refuses or fails to make a decision on an application for subdivision approval within 60 days of receipt of the application

Before filing an appeal

Before filing an appeal:

Talk to the applicant
Consult the Town's Planning and Infrastructure Department to ensure that you have all the information about the proposed development or subdivision
Speak with the SDAB Clerk if you have questions about the appeal process
Seek legal advice if you require further assistance

Getting started

SDAB Clerk will not act as an agent, counsel or advocate to any party, nor will they offer an opinion on the merit or lack of merit of any appeal. Information provided by the SDAB Clerk is for your assistance only, it cannot be construed as legal advice nor will it assure you of a favourable decision.

Filing an appeal

To appeal a decision:

Submit a completed Notice of Appeal Form
Pay the required fee
If an appeal arrives after the 21-day deadline, the Board will decide whether or not it has jurisdiction to hear the appeal.

All documents and evidence must be submitted 7 days before the hearing to be included in the agenda package to the Board. The SDAB may accept evidence after the deadline at their discretion. All information submitted will be made available to the public on our website.

Appeal fees

Development Permit – low and medium density residential	$100
Development Permit – high density, commercial, industrial, community services, comprehensive site, future development	$500
Subdivision	$300
Stop Order	$500
Sign Permits - billboard or electronic	$300
Sign Permits - freestanding, portable, etc.	$200

The appropriate appeal fee must accompany your appeal or it is considered incomplete and will not be processed. Appeal fees can be paid by cheque payable to Town of Stony Plain. Appeal fees can also be paid in person by using Visa, MasterCard, debit or cash at the Town Office, 4905 51 Ave, Stony Plain, Alberta.

After a hearing

Board deliberations

Once the SDAB has heard from all parties concerning the appeal, the Board will deliberate in private the outcome of the appeal.

Board decision issued

Once the hearing has concluded, the Board must present its decision and reasons in writing within 15 days. The Board's decision is not final until it is signed and issued.

Decisions

2024

Decision 2023-D0223

2023

2022

2020