Subdivision & Development Appeal Board (SDAB)
The SDAB is a quasi-judicial authority (similar to a legal body) that hears appeals of decisions made by development officers, the Subdivision Approval Authority, or the Canmore Planning Commission with respect to subdivisions, development permits, or stop orders issued by the Town.
pdf Subdivision and Development Appeal Board Bylaw 2019-06 (160 KB)
The SDAB only meets when an appeal is received. Dates, times and locations of meetings will be advertised on this calendar and in the Rocky Mountain Outlook with a minimum of five days notice. Meetings are held in public, however the SDAB is authorized to deliberate their final decision without the public present. You can read all agendas, decisions, and see webcasts of the meeting at SDAB Agendas & Board Orders.
The SDAB consists of a minimum of four, and a maximum of ten, public members and one member of Council. Public members are appointed by Council in late October every year to one or two-year terms. Current members are:
H. Fraser MacIver
Councillor Karen Marra
Councillor Joanna McCallum (alternate)
Who can file an appeal?
Development permit appeals: The applicant (or agent) can file an appeal if your application has been refused, your application has been approved with conditions unacceptable to you, you have been issued a stop order, you will be affected by a new development or new use of someone’s property, or if a development authority fails or refuses to make a decision within 40 days of receipt of your application. The decision of a development authority may be appealed by the applicant for a development permit, a person affected by a stop order, or any person affected by an order, decision or development permit or issued by a development authority. In other words, you can appeal a development permit as the applicant or anyone "affected" (e.g. neighbours).
Subdivision appeals: The applicant (or agent) can file an appeal if your application for subdivision has been refused, your application has been approved with conditions unacceptable to you, or if a subdivision authority fails or refuses to make a decision within 60 days of receipt of your application. You can only appeal a subdivision application if you are the applicant (or agent), Town Council, provincial government department, or a school board. Neighbours cannot appeal a subdivision application.
Land Use Bylaw appeals: There is no appeal to the SDAB.
Examples of an affected person is someone who owns property, carries on a business, or resides in the vicinity of a proposed development. A person who only visits the area does not qualify as an affected person.
What is irrelevant consideration for the SDAB
The SDAB cannot take irrelevant considerations into account when making their decisions. The relevancy of consideration is determined by reference to Part 17 (Planning and Development) of the Municipal Government Act. Accordingly, the following are possible examples of irrelevant considerations (but not limited to):
User Versus Use
The character or personal situation of the user is generally not a valid planning consideration.
Ordinarily, business competition will not be a relevant planning consideration in reviewing an application for a development permit.
Subdivision or development approval cannot be withheld because the approving authority considers that the land would be best used for a public benefit, such as parkland.
In making its decision, the SDAB should only consider relevant facts and evidence presented in the appeal hearing or in the written documents submitted. For example, a SDAB should not make its decision on irrelevant considerations, that is, evidence that has nothing to do with development, subdivision, or stop order. The subdivision/development authority’s original decision is based on the information that is presented with the application, as well as the information required under the legislation, statutory plans, and Land Use Bylaw.
A pdf Notice of Appeal form (594 KB) must be submitted within 21 days of notification of a decision or order to:
The Town of Canmore Planning and Development Department
Main Floor 902 7th Avenue
In the case of subdivision appeals, the deadline for appeal is 21 (14 plus seven for mailing) calendar days from the date the decision is mailed.
In the case of development appeals, the deadline for appeals is 21 calendar days from the date the decision is received:
- if the application is approved, this date will be 21 days from the date the approval is advertised in the local papers
- if the application is refused, the date will be 21 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 21 days from the date the order is received.
Any person initiating an appeal to the SDAB shall pay a fee of $250 at the time the appeal is submitted. All appeals shall include a statement describing the reasons for the appeal.
Irrespective of the Boards decision on an appeal, the Board shall have the discretion to refund any or all of an appeal fee.
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 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.
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.
- 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.
- 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 (780) 427-4864 for questions regarding the Municipal Government Board.