Considering an appeal?
What can be appealed, who can appeal and what are the filing deadlines?
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.
- An enforcement order issued by the Development Authority.
The following chart details what type of decisions may be appealed, who may file the appeal and associated deadlines for filing an appeal. For more information, please contact the Appeal Board Administration at (403) 268-5312 or email info@calgarysdab.ca
Development permit
| Type of decision | Who can appeal | Appeal deadlines |
|---|---|---|
| Approval | Persons considered *affected by the development. | 21 calendar days after the date the notice is given under the Land Use Bylaw. |
| Conditions of Approval | The applicant for the development permit and persons considered *affected by the development. |
For applicants: 21 calendar days after the date the applicant was given the written decision.
|
| Refusal | The applicant for the development permit. |
21 calendar days after the date the applicant was given the written decision. |
| Deemed Refused | The applicant for the development permit. |
If the Development Authority has not made a decision within 40 days after receipt of a complete application, 21 calendar days after the expiry of the 40 day period or the expiry of any extension agreement. |
Enforcement order
| Type of decision | Who can appeal | Appeal deadlines |
|---|---|---|
| Enforcement Order |
|
21 calendar days from the date the property owner was served the notice of order. |
Subdivision application
| Type of decision | Who can appeal | Appeal deadlines |
|---|---|---|
| Approval | Only Government agencies circulated during the approval process. | 14 calendar days from the date the owner/applicant was notified of the decision. |
| Conditions of Approval | The owner of the property or the applicant of the subdivision application. | 14 calendar days from the date the owner/applicant was notified of the decision. |
| Refusal | The owner of the property or the applicant of the subdivision application. | 14 calendar days from the date the owner/applicant was notified of the decision. |
| Deemed Refused | The owner of the property or the applicant of the subdivision application. | If the Subdivision Authority has not made a decision within 60 days of receipt of an application, the owner/applicant has 14 calendar days after that to file an appeal. |
* The term affected person is not defined in the Municipal Government Act. The Board determines affected persons on a case-by-case basis. For example, an affected person could be someone who feels the enjoyment, use or value of their property may be affected by the proposed development. The onus is on the person to show they are affected by the development.
All appeals are advertised and any party who feels they will be affected by the proposed development has the right to appear before the Board and explain why they are affected. The Board will then make a determination as to whether that person is an "affected person" with respect to the proposed development.