Development Approval and Appeals
The City of Chestermere’s Development Authorities is established by bylaw pursuant to Municipal Government Act. The Development Authority shall be the Development Officer or, where the context of this bylaw permits, the Municipal Planning Commission or Council.
The two Development Authorities of the City of Chestermere are:
1. Chestermere Planning Commission
2. Subdivision Development and Appeal Board
Chestermere Planning Commission
What is a Municipal Planning Commission?
The Municipal Government Act (MGA) states that municipalities must provide for a subdivision and development authority (Section 623 & 624) to exercise development powers and duties on behalf of the City. The MGA also requires that a municipal planning commission be formed by a bylaw of Council, and that this bylaw shall specify the functions and duties of the commission. Bylaw 025-10 (Appendices “A”) is the Chestermere Planning Commission Bylaw.
The obligations of the Chestermere Planning Commission (CPC) shall base upon legislations (Municipal Government Act and Chestermere Land Use Bylaw) and planning considerations versus political or economic consideration to made decision with respect to:
1. All subdivision applications except for condominium re-divisions;
2. Development permit applications referred to the Commission by Development Officer; In the normal course of events, the normal type of applications referred to the CPC would be commercial, industrial and institutional projects, home occupations or other miscellaneous projects that fall into the category of problematic or controversial;
3. Review and approve comprehensive Development Permits of multi-family projects within Residential Multi-Unit District (R-3), Low Rise apartment Residential District (R-4) and any projects involving common space (i.e. private roads) in Residential Semi Detached District (R-2).
Chestermere Planning Commission (CPC) meeting occurs every 2nd and 4th Mondays of the month.
CPC Meeting Agenda - 2018
April 9, 2018
January 29, 2018
Subdivision Development Appeal Board (SDAB)
What are the roles and responsibilities of the Subdivision and Development Appeal Board (SDAB)?
The Subdivision and Development Appeal Board acts in a quasi-judicial manner, which means that it has the authority to make decisions in the same way a judge does. The SDAB is vested with the power to decide contests between individual rights and the claims of public interest. It must conduct its hearings fairly and in accordance with the principles of natural justice. The SDAB is set up to examine the decisions made by either the Development Officer or the Chestermere Planning Commission (CPC) and must decide if they were made correctly.
The role of the SDAB is two-fold. First, the SDAB must review development proposals, and must restrict its review to relevant planning considerations related to the proposed developments. Second, the Subdivision and Development Appeal Board must issue a ruling on appeals and on the issuance or non-issuance of the development permits. In rendering its decision the SDAB may make its decisions with or without conditions of approval although is subject only to the limitations on land use imposed by the land use bylaw. If an appeal deals with a development permit for a permitted use, which complies with the Land Use Bylaw, the SDAB can only deal with the conditions to be imposed, if any.
What can be appealed?
• Subdivision Applications
• Development Permit Applications
• Stop Order (Section 645 and 685 of the Municipal Government Act)
Who can appeal?
• Subdivision or Development Applicant
• Any person who is affected by the Development Permit.
• Any person affected by a Stop Order, this includes any person who is the recipient of such an order.
How Must an Appeal Be Filed?
The appeal must be lodged within 14 days after the receipt of the written decision of the subdivision or development authority. If the decision is sent by regular mail, section 678(3) of the MGA provides the date of the receipt of the decision is deemed to be 5 days from the date the decision was mailed (postmarked).
The appellant is required to fill out the Notice of Appeal Form, this forms prompts the appellant to provide the address and the reasons for the appeal. Please refer to our fee schedule for the appropriate fees.
Subdivision and Appeal - Notice of Appeal Form
Subdivision Development Appeal Board (SDAB) hearings usually occur every 2nd and 4th Wednesdays of the month.
SDAB Meeting Agenda - 2018
October 24, 2018