Participate in a hearing

The Board generally begins hearings by determining procedural and jurisdictional matters. This process is designed to manage scheduling and prevent unnecessary delays by ensuring the Board and the parties are aware of:

• Who will be participating.
• The types of issues that will be raised.
• The nature and scope of evidence and arguments.
• The anticipated time required to hear the appeal.

The Board may determine jurisdictional matters such as whether an appeal has been commenced on time.

At this initial meeting the Board may also give directions about the filing of additional materials and it may deal with preliminary issues regarding the appeal. In most cases, the Board will schedule a later meeting date to hear the merits of the appeal. This will take into account the reasonable scheduling requests of the parties.

Any of the parties may request that the Board deal with some issues or hear the entire appeal on the date initially scheduled. The Board may agree to do so. For this reason, it is important to come to the first meeting prepared to present your case.

The Board also has authority to determine procedural and/or jurisdictional issues at any time during the hearing.

The Board encourages everyone involved in an appeal to discuss issues in the appeal before and during the appeal process. This can clarify the issues, and may result in an earlier resolution or an agreement between the parties.

If you come to a resolution or an agreement, please advise the Board’s office at info@calgarysdab.ca. Then the Board can consider the proposed resolution early in the process.

If you reach a resolution which involves changes to the proposed development or development permit.

• The applicant must submit a list of the amendments and any amended plans with any changes highlighted in red before the hearing.
• This should be shared with all participants prior to the hearing.

Below are some suggestions for steps to help you prepare your presentation to the Board:

• Obtain and review a copy of the Board Report for the appeal (available online).
• Understand the legislation governing the Board.
• Determine the relevant planning issues relating to the appeal.
• Review the planning documents relevant to the appeal.
• Consider coordinating with other participants in the appeal to avoid repetition.
• Prepare a clear and concise presentation on the key issues and concerns you wish to communicate.
• Consider taking photographs of the site and surrounding area to include in your materials.
• Familiarize yourself with the Board’s procedures by observing a hearing.

Parties are encouraged to submit their materials digitally when possible. The Board’s Digital Materials for Appeals Guidelines set out the requirements for digital (electronic) submissions to the Board.

Parties who prefer to submit hard copies of materials may bring them to the Board at:

Subdivision and Development Appeal Board
1212 31 Avenue N.E.
(DJ3 Building)
Calgary, AB T2E 7S8

During office hours, please bring the materials to the Board’s office on the 4^th floor. Outside of office hours, place the materials in the dropbox on the first floor of the building. This is located in the back hallway (past the elevators) near the postal mailboxes. Place the materials in an envelope clearly marked with the appeal number, your name, contact information, and the date on which they are being submitted.

Parties must provide all materials that they wish for the Board to review or that they intend to refer to during the hearing before the deadline specified in the Notice of Hearing, or by the deadline specified by the Board. Submission deadlines are available on the list of Active Appeals.

Late submissions will not be accepted unless the Board is aware and satisfied by exceptional circumstances.

All submissions relating to an appeal, including names, addresses, contact information and signatures, will be available to the public in the Board report and may be referenced in the Board’s written decision. All materials submitted to the Board will become part of the Board’s record and will be retained.

Relevant planning considerations

The Board bases its decisions on relevant planning considerations. What is relevant varies between appeals but some examples may be:

• Compliance or non-compliance with the Land Use Bylaw or other planning documents.
• The context of the proposed development in relation to surrounding properties.
• Parking.
• Traffic.
• Building mass.
• Privacy.
• Shadowing.
• Landscaping.
• Intensity of use.
• Noise.

Here are some of the more common planning documents that may be relevant when preparing your submission to the Board:

 Land Use Bylaw 1P2007

• Controls the use of land and buildings within Calgary.
• Creates land use districts and rules regarding development.
• Establishes procedures for processing and deciding upon land use and development applications.

Low Density Residential Guidelines for Established Communities (Infill Guidelines)

• Establishes general design guidelines which emphasize respect for the community context and the streetscape.
• Attempts to preserve the overall fabric of the older communities.
• Encourages new development and redevelopment, which respects and enhances the overall quality and character of the community.

Municipal Development Plan (MDP)

• 60-year plan for the growth and development of the city.
• Identifies citywide interests and requirements.

Area Redevelopment Plans (ARP) – may not be in effect for all communities

• Identifies the planning goals and objectives of residents and businesses in an existing community.
• Incorporates citywide interests and requirements (new roads, city-wide policies) into the local community context.
• Addresses land use designations (zoning), transportation issues, re-development, character, compatibility, etc.

Area Structure Plans (ASP) – may not be in effect for all communities

• Establishes the general framework for turning undeveloped areas into new development.
• Incorporates citywide interests and requirements (new roads, city-wide policies) into the local community context.
• Addresses land use designations (zoning), transportation issues, re-development, character, compatibility, etc.

Local Area Plans – may not be in effect for all communities

• Groups communities into local areas based on location, physical boundaries, and opportunities for change and redevelopment as part of the life cycle of a community.
• Sequenced with recommendations from the Established Areas Growth and Change Strategy, with considerations for equity in planning and major infrastructure projects such as new LRT lines.
• Outlines future land use concepts to be integrated into the established community over time by containing development policies respecting development and redevelopment, transportation issues, character, compatibility, etc.

Planning documents also include the Municipal Development Plan, Centre City plan, etc. Planning documents can be accessed through the City of Calgary Planning & Development resource library or purchased in hard copy from the Planning Services Centre.

The Board does not seek evidence, it relies on the presentations of the parties as the basis for its decisions. It’s critical for participants to ensure they provide sufficient evidence to support their positions.

The following are some suggestions to assist you in making a presentation to the Board:

• At the beginning of your presentation introduce yourself and state your position (in favour or opposed to the appeal).
• Introduce any speakers who will be presenting with you.
• Address the person presiding over the hearing as “Mr. Chair” or “Madam Chair”.
• When responding to questions from Board members other than the person presiding, address your responses “through the Chair”.
• During your presentation, refer the panel to the appropriate pages in the Board report. This is the bold number at the top centre of each page.

The Board’s hearings are open to the public.

Participants are encouraged to preregister by sending an email to info@calgarysdab.ca or by calling the Board’s administration at 403-268-5312.

The Board has adopted Procedural Guidelines to set out the process of appeals. All participants should familiarize themselves with these guidelines.

If you plan on attending a hearing, we ask that you pre-register as an attendee by sending an email to info@calgarysdab.ca. Alternatively, if you are unable to send an email to our office you can contact us directly by phone at 403-268-5312.

Pre-registration is important because it helps our Tribunal Clerks ensure a smooth hearing process when checking in attendees the day of the hearing. This information also allows our administration to keep all attendees and interested parties informed on the appeal.

Please ensure to include the following information when you preregister to attend a hearing.

• Appeal Number
  
• Your Role (i.e. Appellant, Applicant, Neighbour, Other, etc.)
  
• Phone Number
  
• Email Address
  
• Mailing Address (Optional)
  
• Whether or not you would like to speak/present at the hearing

The Board will issue a written decision including its reasons within 15 days after the conclusion of the hearing. The Board may also make a verbal announcement of its decision at the end of the hearing. This is a courtesy only and is not the Board’s final decision. The Board’s decision is not final until the written decision has been signed and issued.

The Board’s decisions are posted on CanLii’s website.

An application for permission to appeal the Board’s decision to the Court of Appeal must be made within 30 days after the decision is issued. If you are considering this step, we recommend that you consult with legal counsel.