Intermunicipal Subdivision and Development Appeal Board

The Subdivision and Development Appeal Board has jurisdiction to hear:

Appeals regarding Development Decisions:

• A Development Permit decision that has been refused or approved
• Conditions of an approved Development Permit
• An order directing that either construction or the present use of a property be stopped
• A Deemed Refusal (the Development Authority has not made a decision within 40 days of the receipt of an application)

Appeals regarding Subdivision Decisions:

• A refused subdivision or an unacceptable condition(s) of an approved subdivision
• A Deemed Refusal (The Subdivision Authority has not made a decision within 60 days of the receipt of an application)

How to File

• A valid appeal must contain reasons for filing the appeal and must be accompanied by the required appeal fees.

• Appeals can be filed by property owners, affected persons, and their representatives. Prior to filing an appeal, consult the Development Officer or Subdivision Authority to ensure you have all the information about the proposed development.

• Once a valid appeal is received a hearing will be scheduled within 30 days.

• A valid email address is required to file online.

In-person or by mail

• Print an appeal form from the link below or contact our office for a paper copy.
• The completed appeal form, along with the required appeal fee, must be received in our office by the appeal deadline date. (Office hours are 8:00 am to Noon and 1:00 pm to 4:00 pm).
• If filing by mail, you must allow time for delivery. Cheques are to be made payable to the municipality in which the appeal lies. 

Personal information is collected for the purpose of Subdivision and Development appeals and will be used for administrative purposes, processing your appeal and as evidence in your appeal. This information will form part of a file that is publicly available. Collection is authorized under section 33(c) of the Freedom of Information and Protection of Privacy (FOIP) Act and is managed and protected in accordance with the Act. For questions about the collection, please contact the ISDAB Clerk. 

Why do I have to pay an appeal fee?
A small fee is charged to help offset costs of administration and to discourage frivolous appeals. The appeal fees are set out under the ISDAB Agreement. 

What are the written submission deadlines?
The Hearing Procedures outline the typical written submission deadlines. Written submission deadlines may be modified at the discretion of the Chair or the Clerk for any appeal filed with the Board.

What is the Hearing Process
You will receive a Notice advising the date, time and location of your hearing, along with the dates that written submissions are due by. Parties will be advised in the Notice of Hearing of the format of the hearing and about how they can participate. Hearings are typically scheduled within 30 days of receiving a valid appeal, are open to the public and are recorded.

We recommend that you participate in your hearing, whether in-person or via video conference, or ask someone to participate in your hearing on your behalf. Your appeal is stronger if you can answer questions from the Board or respond to any new information presented during the hearing.

Normally, three Board members will hear your appeal. One member will act as the Chairperson and will start the hearing by explaining the hearing process.

All parties will be given an opportunity to present their case, usually beginning with the person who filed the appeal (the Appellant). Once all parties have given their presentation, the Appellant will be given a chance to respond to any new information that has come up during the hearing (Rebuttal).

The hearing is then closed. All parties will be asked to leave the room and the Board will deliberate and come to a decision in private. A verbal decision is not provided at the conclusion of the hearing; a written decision is issued within 15 days of the hearing.

Postponement Requests
A Postponement request must be in writing and must include reasons for the request. This request can be provided to the SDAB Office prior to the hearing or to the Board at the time of the hearing. If other parties are involved the Clerk will contact them for a written opinion with respect to the postponement request.

The decision to grant or deny a Postponement Request can only be made by the Board.

Rather than request a postponement you could have a representative attend the hearing on your behalf, or you can ask the Board to proceed with the hearing in your absence based on your written submissions.

Withdrawals
An Appellant may withdraw their appeal at any time prior to the start of the hearing. If an appeal is withdrawn, there will be no hearing of the matter and no opportunity for other interested or affected parties to make submissions before the Board.

If you would like to withdraw your appeal you can make such a request to the ISDAB Clerk. Appeal fees can only be refunded if the appeal is withdrawn before hearing notices are mailed.

The Applicant of the Development Permit may request cancellation of their development permit. If a Development Permit is canceled, the SDAB hearing will also be canceled as there is no Development Permit to be appealed.

The final written decision of the Board is issued within 15 days after the appeal hearing.

Enforcement Services enforces Bylaws, including the decisions made by the Intermunicipal Subdivision and Development Appeal Board (ISDAB). If you have a bylaw complaint, please contact Enforcement Services. 
Intermunicipal Subdivision and Development Appeal Board decisions are final unless it can be shown that the Board erred in law or jurisdiction. You may appeal the Board's decision to the Alberta Court of Appeal.

You must apply for permission to appeal a decision of the Subdivision and Development Appeal Board within 30 days of the date that the written decision was issued.

Recruitment Process
On behalf of the partner municipalities, Smoky Lake County invites Alberta, residents, to express interest in serving on the Smoky Lake Regional Intermunicial Subdivision and Development Appeal Board. The ISDAB Clerk coordinates recruitment campaigns to fill at-large vacancies.