1. SDAB HEARINGS ROLE OF THE DEVELOPMENT OFFICER
Kelsey Becker Brookes

2. SDAB
Statutory body
Intended to perform independent adjudicative function
Hears complaints and functions like a court

3. SDAB Mandated by the MGA
Created by the municipality to carry out appropriate functions and procedures
Independent from municipality

4. SDAB Challenge a decision on a development application
Challenge a decision on a subdivision application, that is not adjacent to a primary highway, a water body, a water or wastewater management facility, or in the green area
Challenge the issuance of a Stop Order

5. SDAB
Stay within the legislative job description, as set out by the MGA and Regulations
Act fairly and reasonably within the limits imposed by administrative law and principles of natural justice
Act in accordance with enabling bylaw

6. SDAB
Not bound to follow previous decisions, except to ensure decisions are consistent with previous decisions made in similar cases

7. Jurisdiction
Jurisdiction
Intra vires
Ultra Vires

8. Jurisdiction Loss of jurisdiction / ultra vires:
Breaches principles of natural justice or duty to be fair
Considers irrelevant evidence
Fails to acknowledge relevant evidence
Acts from improper motive or malice

9. Jurisdiction Within jurisdiction / intra vires Proceeds fairly
Stay within jurisdiction (because are performing duties which used to be reserved for judges)

10. Natural Justice Natural Justice (traditionally two parts)
a person must know the case being made against him or her and be given an opportunity to respond to it
the rule against bias

11. Natural Justice
Every person affected by an administrative decision is entitled to a hearing
What form the hearing takes depends on the circumstances
Right to oral hearing depends on circumstances

12. Natural Justice Right to counsel No absolute right to counsel
Depends on circumstances
Generally permitted where hearing closer to judicial model

13. Natural Justice Right to request an adjournment Discretionary
Refusal by tribunal to grant adjournment may be a denial of procedural fairness if unreasonable in the circumstances

14. Natural Justice Evidence relied upon must be relevant and reliable
Traditional rules of evidence do not apply
Still must be relevant and reliable

15. Natural Justice Hearing before the person making the decision
Person who decides must conduct the hearing
Person upon whom statutory power has been delegated must preside

16. Natural Justice Counsel for the tribunal
Administrative tribunals may retain legal counsel for advice and assistance in the proceedings before them
Decision making must not be delegated to counsel
Confined to rule of consultant

17. Rule Against Bias Rule against bias
Right to be heard by an unbiased, independent and impartial decision maker
Perception vs. reality

18. Rule Against Bias Test: is there a reasonable apprehension of bias?
Financial interest in outcome
Outside knowledge or involvement
Relationship with parties
Inappropriate comments or behaviour

19. Subdivision Appeals S. 678 Who can appeal subdivision decision S. 680
Must have regard to statutory plans
Must conform with uses of land referred to in LUB

20. Development Appeals
S. 685
Person applying for permit or affected person
No appeal on permitted uses unless provision of LUB were relaxed, varied or misinterpreted
S. 687
Must comply with statutory plans and LUB (subject to variance power)

21. Stop Order Appeals Key Decision: was the Stop Order properly issued?

22. Hearing De Novo Hears an application as if it were new
Rather than evaluating the quality of the decision of the development authority or subdivision authority
While SDAB hears from development authority, must come to its own conclusion
Different variance power

23. Roles SDAB Secretary Appellant Respondent Applicant Affected Persons
Counsel

24. Respondent Either development authority or subdivision authority
Describe steps authority followed to make their decision:
State basis of original decision
Refer to and explain in plain language municipal planning documents

25. Respondent (continued)
Submit evidence
Refer to duties to make a decision
Outline requirements or limits in statutory plans, LUB or MGA
Photos from site visits
Describe variances and conditions

26. Municipal Planning Documents
Provincial Land Use Policies
ALSA Regional Plan
Statutory Plans
LUB
Policies

27. Other Planning Considerations
Interconnectivity with existing development and landscape
Future considerations for lands
Incompatible uses, variety of uses
Impacts of proposal
Mitigating negative impacts

28. Role of Development Authority
Advocate
Neutral party
New evidence

29. SDAB Decision Written decision Within 14 days
Leave to appeal to Court of Appeal
Record

30. Kelsey Becker Brookes 780.497.3304 Toll Free: 1.800.661.7673 (RMRF)
Questions?
Kelsey Becker Brookes
Toll Free: (RMRF)