New Rules for Discretionary Permit Appeals

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Tuesday, March 20, 2018

The passage of mandatory updates to the Land Use Bylaw by Council last week means new rules when it comes to the appeal period for development permits approved by the Administrative Subdivision and Development Approving Authority (ASDAA) and the Municipal Planning Commission (MPC), or Stop Orders put in place by the municipality.

Previously, people claiming to be affected by an approved development permit or who had a Stop Order placed on their development had 14 days to submit an appeal to the Subdivision and Development Appeal Board. Now following changes to the Provincial Municipal Government Act, municipalities are required to allow through their land use bylaws an appeal period of 21 days from the date of permit approval or putting a Stop Order in place.

Mountain View County Council added this provision to the County’s Land Use Bylaw – along with several other mandatory updates – at last week’s regular Council meeting.

Landowners directly adjacent to an approved development will still receive a direct circulation letter from the County. Under the new rules the approved notice will be posted on the County’s website the day of approval to give “any person affected by the decision” the same appeal period as the applicant.

The development permits approved by ASDAA and MPC will still be advertised every Tuesday in the County’s centre-spread in the Mountain View Gazette under the Notice of Development header, but the 21-day appeal period will already be underway before the postings are printed, thus the provincial direction to post the decisions online on the day of approval.

Typically, ASDAA decisions (made internally by County administration) are on Tuesdays, and MPC decisions are on Thursdays.

People who wish to know the status of a file can check the County’s website at the Discretionary Permits Page.

That page also features links to the appropriate appeal forms. Residents who believe they are affected by a development permit decision can also call Planning and Development Services at 403-335-3311 or visit the planning counter at the office Monday through Friday (except holidays) between the hours of 8 a.m. and 4 p.m.

Questions, comments on this article? Call us at 403-335-3311.