Application Appeals

An appeal with regard to a Development Permit may be made by:

  • The applicant of a Development Permit, if the Development Authority:
    • Refuses an application for a Development Permit;
    • Fails to issue a decision on a Development Permit within forty (40) days of receipt of a complete application or within such longer period as the applicant may have approved in writing;
    • Issues a Development Permit subject to conditions; or
    • Issues an order under Section 645 of the Act, or Section 8.0 of this Bylaw.
  • Any person affected by an order, decision or Development Permit made or issued by the Development Authority.

Despite article 7.1.1, no appeal lies in respect of the issuance of a Development Permit for:

  • A permitted use unless the provisions of this Bylaw were relaxed, varied or misinterpreted; and
  • A use within a Direct Control District.

Any person with grounds for appeal must file a notice of appeal with the Subdivision and Development Appeal Board within twenty-one (21) days of:

  • Of the decision on the Development Permit application; or
  • Where no decision is made, from the date the time period for making a decision expires.

        Similarly, the appeal period for persons who are affected by a development permit is also 21 days after the date on which the notice of the issuance of the permit was given.

Notice for appeals shall be made to the Development Authority by submitting the following:

  • A written request containing their reason for appeal; and
  • The prescribed fee in the Fees and Charges – Planning and Development Bylaw, as amended.