Persons who file an appeal are expected to make a verbal presentation to the Board. Persons who have been notified of the appeal also have the right to present a verbal, written and/or visual presentation to the Board. If desired, parties may have someone, or an agent, speak on their behalf. If a number of appeals are filed on the same development, it is recommended that a spokesperson be selected to organize presentations so that evidence is not repetitive. The Board suggests that all speakers limit their presentation to five minutes.

The Board does not, on its own initiative, seek information or evidence. The Board relies on the written evidence presented, as well as verbal submissions at the hearing, as the basis for their decision. Therefore, it is critical that persons appearing before the Board ensure that sufficient evidence is presented to support their respective positions.

The Chairman announces each appeal and calls a representative of The City of Calgary Approving Authority or Development Authority to present the application or order (i.e., where the site is located, the proposed development and the reasons for the Authority's decision).

The Chairman will then ask for:

• All speakers in favour of the appeal (persons who filed an appeal or support the position of the appellant).
• All speakers opposed to the appeal (persons who oppose the position of the appellant).

Parties will have the opportunity to present rebuttal evidence, i.e., respond to any new evidence raised during the hearing.

When presenting an appeal, keep in mind the Board does not consider precedent when making its decision. Each application is judged on its own merits. The reason is, the Board has no way of knowing if sites presented as a precedent were built, with or without the benefit of a development permit, or whether they have another status under the Land Use Bylaw.

In accordance with the legislation that governs the SDAB, the Board can only consider relevant planning matters when rendering their decision. Some examples of planning matters include design, parking, traffic, compliance with planning legislation and impact on neighbouring properties. Matters not related to planning include comments regarding a person's character and commercial competition. If persons stray from planning matters, the Chairman will advise accordingly.

Exhibits used during a presentation become part of the Board's record of the hearing and must be retained for a minimum of 60 days. If return of this material is required, the Board must be advised at the conclusion of the hearing and arrangements will be made for its return at the end of the retention period. Proceedings of the Board are tape-recorded and a court reporter is in attendance.

Decision of the SDAB

Hearing Preparation

Last Update: 2002 April 09

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