If you are considering filing an appeal it is important to know if there is a right of appeal, the deadlines involved and who can make the appeal.

The SDAB has jurisdiction to hear appeals related to the following:

• A decision of the Subdivision Authority concerning a subdivision application.
• A decision of the Development Authority concerning a development permit application.
• An Enforcement Order (AKA Stop Order) issued by the Development Authority.

The terms of appeal for each of the above may differ including the right of appeal as it is determined by the Municipal Government Act depending on the type of appeal filed.  See below for more details, 

Please contact the Board Clerk if you have any questions.

• By Email: appeals@reddeer.ca
• By Phone: 403-342-8132

• Your application has been denied;
• Your application was approved with conditions unacceptable to you;
• You are a neighbor affected by an application that was approved;
• Your application for a development permit is deemed refused (meaning a decision was not made within 40 days after the receipt of an application); and/or
• Other reasons as may be permitted by law.
• Direct Control Districts may be appealed only if the decision is made by the Development Authority.  In these situations, the appeal is limited to whether the Development Authority followed the directions of Council.

Please note:  You may NOT appeal the issuance of a development permit for a permitted use unless the provisions of the land use bylaw were relaxed, varied or misinterpreted.

Who can appeal?

The Applicant (person who made an application for a Development Permit) can file an appeal on a refused Development Permit or appeal the conditions of an approved Development Permit. 

An Affected Person (i.e. Neighbour) can file and appeal on an approved Development Permit only if it is a "Discretionary Use" or if it is a "Permitted Use" AND there have been variances to the Land Use Bylaw.

Appeal Deadline

The Applicant may appeal within twenty-one (21) days after the date the written decision is given or deemed refused).

Persons Affected by a Development Permit may appeal within twenty-one (21) days after the date on which notice of the approval is given in accordance with the Land Use Bylaw. 

• Your application was approved with conditions unacceptable to you;
• Your application for subdivision is refused, or;
• Your application for subdivision is deemed refused (meaning a decision was not made within 60 days of the receipt of the completed application)

Who can appeal?

In specific circumstances:

• the Applicant,
• a Government Department,
• Municipal Council or School Board may appeal the decision of a subdivision authority.

Please note: Neighbours cannot appeal a subdivision application.

Appeal Deadline

Approved, Conditions of Approval or Refusal or Deemed Refusal of Decisions:

The applicant and certain other entities listed as specified in the Municipal Government Act may appeal within fourteen (14) days after receipt of the written decision or deemed refusal. 

• an enforcement order has been issued by the Development and or the Subdivision Authority for a breach of the land use bylaw; a development permit or subdivision approval

Please note: The SDAB only has the authority to vary or set aside an Enforcement Order. This limits the Board to focusing on the issue of whether or not the Order was issued properly by the Development Authority.

Who can appeal?

An Enforcement Order may be appealed by: 

• the property owner
• the person in possession of the land or building
• the person responsible for the contravention
• any person considered to be affected by the Order 

Appeal Deadline

Twenty one (21) days from the date the on which the order is made. 

In order to be accepted you are required to submit a fully completed Notice to Appeal Form and the applicable Filing Fee within the appeal period. 

Appeal Deadlines are specified in the Municipal Government Act, the Board has no authority to extend beyond the appeal timeline specified. 

You are encouraged to file your appeal as early as possible within your appeal period. 

Appeals to the Board may be made available for public inspection pursuant to section 686(4) of the Municipal Government Act R.S.A. 2000 c. M-26. upon request to the Board Clerk.  

If you have questions contact the Board Clerk:

Phone: 403-342-8132
Email: appeals@reddeer.ca

The Notice to Appeal is available below, or alternatively by contacting the Board Clerk using any of the below methods:

• SDAB Notice to Appeal (pdf)
• In-Person: Legal & Legislative Services, Red Deer City Hall, 4920 51 Street, Red Deer, Alberta
• By Email: appeals@reddeer.ca
• By Phone: 403-342-8132

Please Note:

The Notice to Appeal is not deemed to be received by the Board unless both the specified fee (see below for details) AND the completed Notice to Appeal Form are received by the Board Clerk.

Appeals may be submitted to the Attention of the Clerk of the Appeal Board,

In person on the first floor of City Hall (4914 - 48 Ave) between 8 a.m. and 4:30 p.m. Monday through Friday. Payments may be made using one of the following methods: cash, cheque, debit card, Visa or MasterCard.

By mail. Make your cheque payable to The City of Red Deer and mail it along with your completed Notice to Appeal form and any supporting documentation to Legal and Legislative Services, Attn Clerk of the Appeal Board, Box 5008, Red Deer, AB, T4N 3T4.

Dropbox: Use one of the two, 24-hour drop boxes located near the east and west facing entrances to City Hall  (4914 - 48 Ave). Please enclose your cheque payable to The City of Red Deer and your completed Notice to Appeal form with any supporting documentation to Legal and Legislative Services, Attn Clerk of the Appeal Board. 

Via email to appeals@reddeer.ca. Please contact our office to arrange credit card payment over the phone at 403-342-8132. 

Please note: All documents submitted via the external drop box should be in a sealed envelope addressed to the Attention of the Board Clerk and indicate the date submitted in order to avoid potential issues due to legislated timeline to appeal deadlines. 

At the initial filing you must submit the following:

• The Notice to Appeal Form;
• The Filing Fee;
• The reason(s) you are filing an appeal.

Recommended Documents

• A copy of the decision letter from the Development Authority from the Development Authority or Municipal Planning Commission.

Once the Notice to Appeal is processed you will be contacted by the Board Clerk regarding scheduling a hearing. A Notice of Hearing will then be issued to the Parties to provide details of the hearing, the hearing process and the exchange of documents between Parties.

When submitting the appeal and any subsequent documents, keep in mind that information that is considered by the Board is routinely available to the public. If you have concerns regarding privacy, please contact the Board Clerk.

• By Email: appeals@reddeer.ca
• By Phone: 403-342-8132

Please note: If you find later that you forgot to include a reason or a comment, you may provide this information at the hearing.

Filing Fee

Your Notice to Appeal must be accompanied by a $75.00 filing fee AND may be subject to a further $75.00 advertising fee for industrial and commercial applications.

There is no charge for an Affected Person to file an appeal.

Method of Payment

In person payments are suspended at this time, as an alternative we are accepting cheques made payable to The City of Red Deer using regular mail or drop box, see below for details:

Mail:

To the Attention of the Board Clerk

• Box 5008, Red Deer, AB  T4N 3T4
• Make cheques payable to The City of Red Deer
• Include Notice to Appeal form, contact information and date submitted

Dropbox:

To the Attention of the Board Clerk

• Located at the entrance of City Hall
• Make cheques payable to The City of Red Deer
• Include Notice to Appeal form, contact information and date submitted
• Notify the Board Clerk of the submission via email:  appeals@reddeer.ca or phone: 403-342-8132

Please note: Credit Card payments must be arranged by contacting the Board clerk via email or by phone.