Frequently Asked Questions

To file a Notice of Appeal online, complete this SDAB Notice of Appeal form. You will need to have or create a free MyID account in order to pay the appeal fee.

What is the deadline for filing an appeal?

The deadlines to file a notice of appeal are as follows:

Development permit

• The applicant may appeal within 21 days after the date on which the written decision is given (or deemed refusal).
• Persons affected by the permit may appeal within 21 days after the date notice of the approval is given in accordance with the Land use Bylaw.

Enforcement order

• A person affected by an order may appeal within 21 days after the date on which the order is made.

Subdivision application

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

Other decisions

• Parties who wish to appeal other decisions should consult with the Municipal Government Act for applicable appeal deadlines and are encouraged to seek professional advice.

The issue of appeal validity can only be determined by the Board. The Board will consider this issue by deciding whether the appeal was filed within the deadlines. These are found in the Municipal Government Act. If the Board finds that the appeal was filed late, the appeal will be struck.

The Board does not have authority to extend the filing deadlines found in the Municipal Government Act.

Once an appeal is filed with the Board it will be scheduled within 30 days. The Board will give at least five days’ written notice of the hearing. The notice will include the date and time of the hearing.

If all of the appellants have withdrawn, then the appeal is withdrawn. 

You are only considered an appellant if the Board determines that you filed an appeal according to the requirements of the Municipal Government Act.

Those who did not file an appeal but are simply participating in an appeal as an affected person do not have the right to continue an appeal if all appellants have withdrawn.

The Board gives notification of its hearings approximately five days in advance.

The Board sends notice of hearing letters to property owners within 60 metres of the proposed development or 300 metres (in the case of liquor or cannabis stores).

If you are affected by the development being appealed, you have the opportunity to submit something in writing, participate in the hearing, or both. If you do not feel you are affected, you can choose to do nothing and discard the notice.

You should prepare your argument and presentation to fully present your position. Read more general advice on our Prepare for a Hearing page. 

There is no set time limit for presentations (aside from time limits for pre-recorded video or audio presentations). The Board can limit presenter time or direct the presenter not to make irrelevant or repetitive submissions.

The Board is not bound by precedent the way a Court is. The Board considers the specific details of the appeal before it.

Every party is entitled to choose to present or not. Parties are encouraged to make their own presentations or arguments and not rely on others to make their cases on their behalf.

You may request an adjournment. These requests should be made as soon as possible, in writing to the Board’s office, and should include reasons. A verbal request can also be made at the time of the hearing.

Adjournments are not granted automatically. They will be evaluated at the beginning of the hearing. You should arrange to have someone attend on your behalf if you are not able to be there in case the request is denied and the hearing proceeds. The Board considers each request on its own merits and will take into consideration the impact of all parties involved.

If you intend to withdraw your appeal, submit written notice to the Board’s office as soon as possible. Your co-operation will prevent any unnecessary delays and will help the Board to work efficiently.

The Municipal Government Act has established an appeal process where the Board is responsible for reviewing each appeal. The law does not provide for a screening process. 

The Board encourages the parties to discuss the issues prior to the hearing and throughout the appeal process. These discussions can clarify the issues, often resulting in a early resolution or an agreement.

If you come to a resolution or an agreement, please advise the Board’s office at info@calgarysdab.ca as soon as possible so that the Board can consider the proposed resolution early in the process.

If you reach a resolution which involves changes to the proposed development or development permit, the applicant must submit a list of the amendments or amended plans highlighted in red before the hearing. This should be shared with all participants before the hearing.

Amended plans should be processed like other materials before the submission deadline. Please highlight the amendments in red and be prepared to present a list of the amendments to the Board.

An application for permission to appeal the Board’s decision to the Court of Appeal must be made within 30 days after the decision is issued. It is recommended that you consult with legal counsel.

Yes, you can have a lawyer represent you throughout the appeal process including at the hearing.

Yes, you can have a person who is not a lawyer act as your agent and represent you throughout the appeal process. This person may need written confirmation that they are entitled to act on your behalf. You are encouraged to provide that confirmation in advance.

A permitted use is one that must be approved if it meets the requirements of the Land Use Bylaw. A discretionary use is one that may be approved if it meets the requirements of the Land Use Bylaw but it may also be refused based on planning considerations. 

In most developmental permit appeals, the Board has the authority to relax the requirements of the Land Use Bylaw if the Board is satisfied that the development will not unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land. The Board can't use this power to approve developments that are not listed as a permitted or discretionary uses in the relevant land use district.