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County Services Subdivision and Development Appeal Board

Subdivision and Development Appeal Board

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The Subdivision and Development Appeal Board (SDAB) is a quasi-judicial statutory body intended to perform an independent adjudicative function that hears and makes decisions on appeals related to Development, Subdivisions and Stop Orders.  The SDAB make finding of fact based on evidence and then, apply legal rules, as found in the legislation and the planning instruments, to those findings.   This process allows the SDAB to make a decision on a subdivision or a development matter after conducting a hearing fairly and in accordance with legislation, administrative law, and the principles of natural justice.  

A decision related to a development permit application can be appealed by people who may be affected by a decision of the Development Authority.   A decision related to a subdivision application can be appealed by the applicant, government department or a school board.  The subject of a Stop Order may also file appeal to the SDAB.

SDAB members are appointed by Clearwater County Council each year at their organizational meeting in October and the panel may consist of three to five members, who live in the County and only one may be a member of Council with the balance of panel members being members-at-large. The SDAB meets only as required, in Clearwater County Council chambers.

The SDAB functions like a court and is an administrative board mandated by the Municipal Government Act and created by municipal bylaw. The SDAB decisions are final and can only be appealed to the Alberta Court of Appeal for reasons of error in law or jurisdiction.

Click the following link to download the Notice of Appeal Form
 
Click the following link to review the Development Appeal Board Hearing Process Policy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Summary of SDAB Functions:

  • Hears and makes decisions on appeals related to stop orders, development and subdivisions
  • Functions in accordance with the Municipal Government Act and Clearwater County's SDAB Bylaw
  • Hears complaints and function like a legal court
  • Examines evidence and applies legal rules to their findings
  • Makes decisions after conducting a fair hearing that complies with legislation
  • Makes final decisions that cannot be overturned unless an error in some aspect of law or jurisdiction

Additional Resources:

For more information:
Subdivision and Development Appeal Board
Legislative Services, Clearwater County
4340-47 Avenue, Rocky Mountain House, AB, T4T 1A2
sdab@clearwatercounty.ca
403-845-4444