What is the SDAB?

The SDAB is a quasi-judicial (similar to a legal body) authority that reviews any decision made by the Subdivision Approval Authority (Council), Town staff or the Canmore Planning Commission with respect to subdivisions, development permits or orders issued by the Town.

Who May Appeal to the SDAB?

In the case of a decision on a development permit

• anyone who has applied for a development permit
• anyone "affected" (e.g. neighbours) by the decision may appeal.

In the case of a decision on a subdivision application

• the applicant
• a government department
• a school authority
• Note that neighbours cannot appeal a subdivision application

In the case of a Stop Order

• anyone subject to or affected by the Stop Order

In the case of an amendment to the Land Use Bylaw by Council

• there is no appeal to the SDAB in these situations

Who is an "Affected" Person?
Examples of an affected persons are someone who owns property, carries on a business or resides in the vicinity of a proposed development. A person who merely visits the area probably may not qualify as an affected person.

Where And When to Appeal?

A "Notice of Appeal" form must be completed with reasons for the appeal. These forms may be obtained from:

The Town of Canmore Planning and Development Department
Main Floor 902 7th Avenue
Canmore, Alberta
T1W 3K1

You must file your appeal including the $250.00 fee with the SDAB secretary within 14 days of notification of a decision or order, include a letter requesting the refund of your appeal fee, giving the reasons why:

• in the case of subdivision appeals, the deadline for appeal is 19 (14 plus five for mailing) calendar days from the date the decision is mailed.
• in the case of development appeals, the deadline for appeals is 14 calendar days from the date the decision is received 
  • if the application is approved, this date will be 14 days from the date the approval is advertised in the local papers
  • if the application is refused, the date will be 14 days from when the decision is either picked up, delivered, faxed or received via registered mail.
• in the case of an enforcement order: the deadline for appeal is 14 days from the date the order is received.

Payment of Fee

1. Any person initiating an appeal to the SDAB shall pay the prescribed fee at the time of submitting an appeal.
2. All appeals shall include a statement describing the reasons for the appeal.
3. An appellant may make a written request to the Board for a refund of the development appeal fee. Requests for refunds should be submitted with the appeal and include a written statement of the reasons for the request.

Irrespective of the Boards decision on an appeal, the Board shall have the discretion to refund any or all of an appeal fee.

What Happens When You File An Appeal?
The appeal must be heard by the SDAB within 30 days of submission. The Board must hold a public hearing. Five days prior to the public hearing the appellant, the appellant and other affected persons will be notified in writing. If you are unable to attend the scheduled meeting, please contact the SDAB secretary to attempt to arrange for the hearing to be rescheduled. Every appeal to the SDAB is advertised in the weekly newspaper at least five days prior to the hearing. Five (5) days before a public hearing you may pick up a copy of the agenda package for the appeal hearing at the Town of Canmore Planning & Development Department, 902 7th Avenue.

Appeal Hearing

1. If you file an appeal you are expected to make a verbal presentation to the SDAB. You may have someone speak on your behalf. If you wish to have your submission included in the SDAB agenda package, please submit it to the Secretary of the Board at 902 7th Avenue five (5) working days prior to the hearing. Large submissions presented the night of the hearing may cause the hearing to be postponed while the Board reviews the submissions.
2. The Board suggests that all speakers limit their presentation to five minutes. The Board only hears the relevant planning matters of the appeal. If you stray from them, the Board will let you know.
3. The SDAB must give a written decision together with the reasons for the decision within 15 days of concluding the hearing.

Note: Certain subdivision appeals fall under the jurisdiction of the Municipal Government Board rather than the local Subdivision and Development Appeal Board. Please call 427-4864 for questions regarding the Municipal Government Board.