IV: Appealing a Decision
Subdivision Appeals
Within 21 days of the date on the letter giving notice of the decision, an appeal may be filed. Appeals can only be made by:
- government departments
- school boards on a matter of municipal reserve
- the applicant
Adjacent landowners cannot file an appeal. An appeal must be in writing and contain reasons for the appeal. Many municipalities also have a fee for an appeal. An appeal hearing must be held within 30 days of receiving the appeal notice. At the hearing, all parties have an opportunity to provide input and may be questioned. The Subdivision and Development Appeal Board has 15 days to issue a decision. A further appeal is available to the courts on a point of law or jurisdiction.
In accordance with the Municipal Government Act an appeal lies with the Land & Property Rights Tribunal (LPRT) when the land subject of the application contains, is adjacent to or is within the prescribed distance of a highway, a body of water, a sewage treatment or waste management facility or a historical site. There is no fee for appeals filed to the Land & Property Rights Tribunal (LPRT).
For more information on the Land and Property Rights (LPRT) Subdivision and Development Appeal please visit: https://www.alberta.ca/subdivision-appeals.aspx