Decisions & Appeal Bodies
Red Deer County has several different approving authorities who may be involved in determining the future of a particular planning, development, subdivision or rezoning application. When considering an application, the Development Authority will examine all aspects of the application, the Land Use Bylaw (and any other applicable bylaws and policies). the environment and the concerns of adjacent landowners prior to making a decision.
Development Officers are members of County administration and are given their approving authority by Council through the Land Use Bylaw. Development Officers can make decisions on applications for "Permitted Uses" and for applications requiring a variance or relaxation of 30% or less of the minimum standard required in the Land Use Bylaw.
Municipal Planning Commission (MPC)
MPC is given its approving authority through the Land Use Bylaw and currently consists of all members of County Council. The MPC can make decisions on applications for "Discretionary Uses", for applications requiring a variance or relaxation in excess of 30% of the minimum standard, and for any applications that the Development Officer may refer to the MPC. MPC is also the subdivision approving authority for the County.
VIEW THE DEVELOPMENT OFFICER AND MPC DECISIONS
Appeal Boards - are quasi-judicial boards that have the authority to confirm, revoke or vary a decision made by the Development Authority that has been appealed.
The Municipal Government Act (MGA) provides that a person may appeal a Discretionary Use approval within 21 days of the date of the decision being advertised (posted on County’s website) by paying the required appeal fee ($400) and by filing an appeal in writing against the decision with the Red Deer County Subdivision and Development Appeal Board, 38106 Rge Rd 275, Red Deer County, Alberta. A Permitted Use approval may not be appealed unless the decision involves a relaxation, variance or misinterpretation of the Land Use Bylaw. For further information, contact Planning & Development Services at email@example.com or 403.350.2170.
The MGA also provides that the applicant for a subdivision may appeal MPC’s decision to the respective appeal board by filing the appeal within 14 days of receipt of the written decision.
Subdivision and Development Appeal Board (SDAB) – consists of 5 public members appointed by Council for a 2-year term, with any member serving not more than 2 consecutive terms.
Intermunicipal Subdivision and Development Appeal Board (ISDAB) – consists of 7 public members with 3 members being appointed by Red Deer County Council, 3 members being appointed by City of Red Deer Council and the Chair being agreed to by both County and City Council.
The ISDAB hears appeals for any properties that are located within the City Growth Area, the Collaborative Planning Areas and the Agricultural and Open Space Area as noted in the City of Red Deer and Red Deer County Intermunicipal Development Plan. The SDAB hears all other appeals.
Policies that appeal boards may consider in making decisions (MGA, Section 638.2)
RED DEER COUNTY DECISION-MAKING POLICIES
For more information on the appeal process, please contact Legislative Services at firstname.lastname@example.org or 403.350.2152.
RED DEER COUNTY COUNCIL
County Council is responsible for Land Use Planning decisions within the municipality. The majority of matters affiliated with Land Use Planning will be adopted by way of a bylaw for which a public hearing will be held. This provides the public with the opportunity to express their views to Council about the proposed bylaw. Items for Council’s consideration are: Municipal Development Plan, Intermunicipal Development Plans, Area Structure and Redevelopment Plans, Redesignation (rezoning) applications, and Land Use Bylaw text amendments. Decisions of Council are not appealable.