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Appeal Process
How to File an AppealBefore filing an appeal, individuals are encouraged to obtain information about the development by talking with neighbours and the Development or Approving Authority. An official appeal form must be submitted, which is available at the SDAB office or on this Website. An appeal must be filed in accordance with the Municipal Government Act and contain the following information:
An appeal can be submitted as follows:
Please note, you cannot file an appeal via the internet. Regardless of the method of submission, the appeal must be received on or before the final date of appeal. What Happens After an Appeal is Filed?Once an appeal is filed it will be scheduled for a hearing within 30 days. The appellant, applicant, owner of the property and persons the Board deems to be affected by the development or appeal (typically those who own property within 60 meters or 200 feet of the development) will receive written notification of the hearing date approximately 10 days prior to the hearing. The notice of hearing will include the time of the hearing and the agenda item number of the particular appeal. The hearing date of the appeal is advertised in the two daily newspapers at least five days before the hearing (usually on the Thursday, one week before the hearing). A copy of the hearing agenda and the report for any item may be picked-up at the SDAB office on the Friday prior to the hearing. A number of agenda items are scheduled for each time period of the hearing. Agenda items usually take 20 to 30 minutes to review; however, some items take longer, some take less time and some are cancelled or adjourned. Therefore, it is difficult to predict the exact time an item will be heard. The time period given for an item will be the earliest possible time a particular item will be heard. Depending on the complexity of previous items, the start time could be delayed. Parties attending a hearing should judge their time accordingly. If a person wishes to present written material to the Board, it should be delivered to the Manager of the SDAB no later than 12:00 noon on the day prior to the hearing (only one copy is required). For persons planning on presenting written evidence at the hearing that was not previously provided, 12 copies are required. This material will be distributed at the start of the presentation. All written materials submitted prior to the hearing, including the appeal form, become part of a report prepared for the Board and available to the public. Personal information is collected under the authority of the Freedom of Information and Protection of Privacy Act, Section 32 (c) and the Municipal Government Act, Section 678 & 685. If you have any questions regarding the collection of information, please contact the FOIP Program Administrator, PO Box 2100, Station M, Calgary, AB T2P 2M5, telephone 268-8045. A copy of the hearing agenda and the report for any item may be picked-up at the SDAB office on the Friday prior to the hearing. What will Happen if a Person Cannot Attend the Hearing?If the appellant, property owner or applicant is unable to attend the hearing, a written request for an adjournment can be made in advance of the hearing. An adjournment request can also be made verbally at the hearing. Adjournment requests are not granted automatically, the Board considers each request on its own merits, including submissions concerning requests from other affected parties to the appeal. It is important that someone attend the hearing and be prepared to discuss the request for adjournment and/or present evidence to the Board in the event the request is denied. Withdrawal of an AppealShould an appellant decide not to proceed with an appeal, a written letter of withdrawal should be faxed or delivered to the SDAB as soon as possible. Last Updated: 2002 April 09 |
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