How the Subdivision and Development Appeal Board (SDAB) Works

What Is the SDAB?

The SDAB is an independent body established under Alberta’s Municipal Government Act. It is not part of City Administration, but it does review decisions made by the City’s Development Authority, usually a development planner. The SDAB’s job is to assess the facts of a case and decide whether a permit or subdivision should be upheld, overturned, or varied.

Board members are citizen volunteers, often with backgrounds in planning, law, or development. They review written submissions, hear oral arguments, ask questions, and issue binding decisions.

Although the SDAB is not a courtroom, it operates similarly. Decisions are based on planning merit and evidence, not popularity or personal opinions.

When to Appeal a Development Permit Decision

As an applicant, you can appeal to the SDAB if:

• Your development permit is refused.
• Your permit is approved, but with conditions you cannot meet.
• You receive a stop order for unpermitted development.

At Situate, we most commonly assist clients in appealing permit refusals related to variance requests, such as exceeding the maximum building length, reducing setbacks, or including a rear attached garage in a mature neighbourhood.

In these cases, we build a strong case to show that your proposed development meets the intent of the regulations and will not negatively impact the surrounding community. If the SDAB agrees that your project does not interfere with the use, enjoyment, or value of neighbouring parcels, they have the authority to approve your project even if it does not meet every rule exactly.

When to Defend an Approved Permit

As a permit holder, you might find yourself at the SDAB if a neighbour appeals your approval. This typically happens when the City grants one or more variances and someone who believes they are affected disagrees with the decision.

Common concerns raised by neighbours include:

• Reduced side or rear setbacks
• Increased height, massing, or building length
• Rear or front attached garages
• Perceived privacy or shadow impacts

The Development Authority may have approved these variances based on sound planning rationale, but neighbours can still file an appeal within 21 days of the decision. At that point, the file moves to the SDAB for a full review.

If this happens, you will need to defend your permit in a hearing. The SDAB reconsiders the entire application from scratch in what is called a “hearing de novo.” They can uphold your permit, vary it, or revoke it.

What Situate Does

Whether you are launching or defending an appeal, Situate manages the entire process so you can stay focused on your project. Our services typically include:

• Preparing and filing the appeal or response on time
• Reviewing relevant bylaws, policies, and past SDAB decisions
• Writing a clear and compelling planning rationale with supporting visuals
• Creating a presentation and speaking notes for the hearing
• Coaching you on key messages and preparing for questions
• Representing you at the SDAB hearing

In addition to appeals, Situate also assists clients by writing variance justification letters. These letters are crucial when your application involves variances, and they can help convince the City to approve your application rather than refuse it. By presenting a well-reasoned argument for why the variances align with planning goals and will not negatively impact the surrounding area, we can often avoid the need for a lengthy appeal process and secure an approval without going to the SDAB.

What to Expect at a Hearing

Here is how a typical SDAB appeal unfolds:

1. Appeal filed: You or the neighbour must submit a notice of appeal within 21 days of the City’s decision.
2. Hearing scheduled: The hearing is typically scheduled within 30 days of the appeal being filed.
3. Written submissions: All parties submit materials in advance. Submissions are shared publicly.
4. The hearing: You and your representative present your case. The development planner may also present their position. Neighbours or other affected parties may speak. The Board may ask questions.
5. Decision: The SDAB issues a written decision, usually within 15 days.

Hearings are open to the public and may be held in person or via video conference. While less formal than a court proceeding, these hearings require careful preparation and clear, persuasive communication.

Key Considerations

• Timelines are short. You only have 21 days to file an appeal and the hearing will be held quickly. You need to act fast.
• All materials are public. Submissions become part of the public record and should be prepared professionally.
• The hearing is your chance to make your case. There is no second hearing. You can only appeal an SDAB decision to the Court of Appeal on a legal or procedural issue.

Resubmissions are limited. If your permit has been refused—whether by the City, the SDAB, or a higher court—you cannot submit another application for the same type of development on the same site for six months. If a similar proposal has already been refused twice, a third application cannot be submitted for one full year from the most recent refusal. These rules are in place to prevent applicants from making repeated submissions without addressing the issues raised in earlier decisions.

When to Get in Touch

If your permit has been refused or you are facing a neighbour appeal, get in touch with us early. We will help you evaluate your chances, develop a strong strategy, and present your case effectively.

At Situate, we combine planning knowledge, policy expertise, and experience in front of the SDAB to help clients get results. Whether you are dealing with a unique site condition, a tight lot, or a vocal neighbour, we can help you navigate the process with confidence.