Click here to view a Development Appeal Application form or information sheet.

A municipality with a Zoning Bylaw is required to have a Development Appeals Board. The Board is made up of 3 to 9 members appointed by Council. The Board is needed to resolve disagreements over enforcement of zoning bylaw provisions.  Municipal employees and members of Council cannot be appointed to the Board.

Local Development Appeals Procedure

View the process for handling local development appeals.

1. Following review of an application for a Development Permit, the Development Officer notifies the applicant in writing of the decision indicating the right to appeal.
   
   
   • (1)  The decision, in relation to an existing or proposed development, may be appealed by any person affected.
     
     
     
     • (a) by the approval of a Development Permit where it is alleged that the Development Officer misapplied the zoning bylaw in approving the proposal, or
     • (b) by the refusal of the Development Officer to issue a development permit because the proposal contravenes the zoning bylaw;
     • (c) by the owner of a building served with an order for repairs under a Building Maintenance Bylaw.
        
   • (2) An appeal may not be made in the following cases:
     
     
     
     • (a) a refusal based on the land use provisions of the zoning bylaw;
     • (b) a refusal by Council to rezone land (NOTE: a refusal to remove a Holding Zone designation may be appealed to the Development Appeals Board);
     • (c) refusal of a discretionary use application.
        
2. If a person wishes to appeal the decision, the Secretary of the local Development Appeals Board must be notified, in writing, within 30 days of the Development Officer's decision being issued.
   
   For appealing a Maintenance Bylaw order the appeal period is 90 days.  The appeal must include any fee, of up to $50, set by the local Board.
3. The Board must hold a Public Hearing on the appeal within 30 days of receiving the appeal.  If the Board holds regularly scheduled meetings, the hearing may be set for the first or second meeting after receipt of the notice of appeal.
4. At least 10 days before the date of the Public Hearing, the Board must notify the affected parties of the hearing.  Notice must be served directly on the parties or sent by Registered Mail. Affected parties include:
   • the appellant,
   • the Municipal Council, and
   • adjoining lot owners, or landowners within 75 metres of the property affected by the appeal.
      
5. At least 5 days before the hearing, the appellant and Council must provide the Board with copies of all material relating to the appeal.  Council must supply the original documents or certified true copies.  The material may include the zoning district map, site plans, related reports, minutes of meetings or hearing and copies of the application. These materials are made available by the Board for public inspection before the hearing.
6. The Public Hearing is open to the public.  Any person notified of the hearing, or who may be affected by the appeal, may make presentations to the Board. If necessary, the Chairman of the Board may administer oaths or affirmations to persons making presentations.  A written public record of the hearing must be made and kept.
7. The Board must make a decision within 30 days of the hearing.  A decision is made of the majority of the Board constituting a quorum. A tie vote is negative.
   
   
   
   • In making the decision, the Board:
     
     
     
     • (a) is bound by the policies of any Basic Planning Statement or Development Plan of the municipality;
     • (b) may confirm, revoke, or vary the decision of the Development Officer including any conditions attached to the decision;
     • (c) may not make a decision with:
       • grants the appellant a special privilege inconsistent with restriction on neighbouring properties;
       • would relax the provisions of the bylaw in such a manner as to be contrary to the purposes and intent of the bylaw, or
       • injuriously effect neighbouring properties
          
8. The Board must notify all affected parties, the Minister and any person who made a presentation at the hearing of the decision within 10 days of the decision being made. The decision must be in writing and signed by the Chairman of the Board. The decision should:
   
   
   
   • (1) outline the facts of the case,
   • (2) state the decision, and
   • (3) give reasons for the decision.

   The decision is not in effect for 30 days from the date of the decision to allow for appeal to the Planning Appeals Committee of the Saskatchewan Municipal Board.

9. Any person receiving a copy of the decision may, within 20 days of receiving the notice, appeal the decision by writing the Planning Appeals Committee, Saskatchewan Municipal Board. If an appeal is made, the Board's decision has no effect.
    
10. If no appeal is made, the Board's decision takes effect.