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Municipal District of

Pincher Creek

No.9

Appeal Process

The appeal process for development is in accordance with Section 686(1) of the Municipal Government Act (the Act).

Any person receiving a decision on a Development Permit, or any other person affected by any order, decision, or Development Permit made or issued, may appeal to the Subdivision and Development Appeal Board (SDAB).  The SDAB is an independent Board made up of five residents of the municipality.

The SDAB will hear appeals on Development Authority decisions, as well as the decisions of the Subdivision Authority.

The appellant must file a notice of appeal, containing reasons, within 14 days of the notice of the decision they wish to appeal.  The required appeal fee must accompany the notice of appeal.  The appeal fee is set by Council and is identified in C-FIN-27-. Fees and Charges.

The SDAB must hold an appeal hearing within 30 days of receipt of the notice of appeal.

The SDAB must give at least 5 days’ notice in writing of the hearing to the appellant, the development authority, and the affected landowners who were required to be notified when the development permit application was originally heard by the development authority.

All relevant material regarding the hearing must be available for public inspection prior to the hearing.

To obtain further information on the appeal process, please refer to either Section 26 - Appeals and Procedures or Section 686(1) of the Act for development appeals, and Section 678(1) of the Act for subdivision appeals.