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What is the Planning Appeals Committee?
Pursuant to The Planning and Development Act, 2007, and The Municipal Board Act, the Planning Appeals Committee hears and renders decisions on appeals at the provincial level arising from decisions of local development appeals boards, subdivision approving authorities and appeals where there is no local development appeals board.

As explained earlier in the discussion about the board's mandate, hearings for this committee are conducted under what is best described as a Hybrid Model, leaning more to the Adversarial Model.

What may be appealed to the Planning Appeals Committee?
The Planning and Development Act, 2007 (the Act) provides for a number of circumstances under which appeals may be filed:

  • from a decision of the municipality’s Development Appeals Board regarding development permits, conditions of a discretionary use, interim development control, subdivisions or orders to correct contraventions;
  • from a decision of the municipal council regarding the holding provisions of a zoning bylaw or developments in a direct control district;
  • in some cases, appeals may be made directly to the committee (e.g. any subdivision matters where there is no municipal Development Appeals Board);
  • if you believe that a decision of the Development Appeals Board respecting nearby property affects you adversely.

In most cases, the party or agency whose decision you wish to appeal will advise you of your rights and the procedures to follow. If you have any doubts, contact your local municipal administrator/city hall.

How do I file my appeal to the committee?
Any notice of appeal to the committee must be filed in writing with the Secretary of the Planning Appeals Committee. You must set out the reasons for your appeal in your notice of appeal. In the case of an appeal from a decision of a Development Appeals Board, also set out any grounds on which you feel the board erred in its decision.

How do I contact the secretary?
When appealing, your notice of appeal should be addressed to:

Secretary, Planning Appeals Committee
Saskatchewan Municipal Board
480 - 2151 Scarth Street
Regina, SK S4P 2H8
Phone: (306) 787-2644 or (306) 787-6227
Fax: (306) 787-1610

How much time do I have to file my appeal?
Time may be a critical factor in determining your access to the appeal process, so be sure to inquire about your rights as soon as you identify an issue. Appeals from a decision of the Development Appeals Board must be sent to the committee secretary’s office within 20 days of the date on which you received the board’s decision. Appeals from the denial of a subdivision application, or on a servicing agreement, or interim development control, must be sent to the committee within 30 days of the date on which you received the decision of the approving authority or council. When the subdivision or interim development control matter was appealed to the Development Appeals Board, then your appeal must be sent to the committee’s secretary within 20 days of receiving the board’s decision.

Is there a fee to be paid?
Appeals to the committee incur a fee of $50. The fee should be submitted within the appeal period specified by the Act. Ideally, the fee should accompany your notice of appeal. If an appeal and the required fee are not filed within the specified time period, your appeal may be rejected. Exceptions are granted only under rare circumstances.

What is the “record” of the board?
Once an appeal is filed from a decision of the Development Appeals Board, the board’s secretary is required to send the following information to the committee:

  • a copy of the notice of appeal to the Development Appeals Board;
  • the date on which, for example, a development permit was approved or denied by the municipality, along with copies of any such documents;
  • copies of any material filed with the Development Appeals Board, prior to its hearing;
  • any exhibits filed at the Development Appeals Board’s hearing;
  • the minutes of the Development Appeals Board’s hearing on the appeal;
  • the written decision of the Development Appeals Board, including the reasons for the board’s decision [The Development Appeals Board is required to show how it dealt with the evidence presented to it, within the criteria set by any relevant part of the Act (e.g., Section 221(d)];
  • any other material relevant to the appeal and to the Development Appeals Board’s statutory obligations.

When will my appeal be heard by the committee?
The committee provides at least 60 days notice of the hearing to ensure parties have adequate time to prepare their respective cases and to file written documentation. If the parties agree that the matter could be heard on shorter notice, the committee would consider a written request from the parties to hear the appeal at an earlier time.

May I present evidence to the committee?
If your appeal is against a Development Appeals Board decision, your appeal should be based on the record provided by the Development Appeals Board. The committee is restricted to reviewing the record for error and cannot accept new evidence, except in certain circumstances. You may present evidence in the case of a direct appeal to the committee (see 'What May be Appealed to the Planning Appeals Committee' above).

Ideally, you should present as full a case, including all evidence you consider to be important or relevant, when you first present your appeal to the Development Appeals Board. You will likely be asked, by the committee, to show how or where the Development Appeals Board went wrong in considering that evidence or the information presented, by other parties, at the board's hearing.

If the Development Appeals Board’s record is incomplete, you may choose to show how and/or where those failings occurred. You are urged, therefore, to review carefully the record provided to the committee by the Development Appeals Board. A copy of the record is on file in the office of the Development Appeals Board’s secretary or at the office of the Saskatchewan Municipal Board in Regina.

May I make written submissions to the committee?
Parties who wish to present written material or argument must do so according to the following procedure: The appellant must deliver the materials to the committee and the respondent at least 30 days prior to the scheduled hearing date. The respondent must deliver the materials to the committee and the appellant at least 15 days prior to the scheduled hearing date.

When is new evidence admitted by the committee?
The committee will only accept new evidence when it is satisfied that:

  • the evidence is relevant;
  • through no fault of the person seeking to submit new evidence, the record of the Development Appeals Board is incomplete, unclear or inadequate, in relation to the reasons set out by the Development Appeals Board for its decision;
  • the party can establish that relevant information has come to his/her attention that was not obtainable or discovered, through the exercise of due diligence, at the time of the Development Appeals Board’s hearing.

What happens at a hearing?
Hearings before the committee are conducted as follows:

  • you will be asked whether you consider the Development Appeals Board’s record to be complete;
  • the committee will hear any arguments respecting the Development Appeals Board’s or the committee’s jurisdiction to consider the appeal;
  • the appellant will be heard first, followed by the respondent;
  • both parties will present their opening statements and their arguments respecting the appeal;
  • where additional evidence has been allowed, both appellant and respondent may provide rebuttal argument (if needed);
  • both principal parties may present summary statements, if they wish;
  • the committee may ask questions at any time during the hearing.

More information on the Appeal Hearing Process

May I have someone represent me at the hearing?
Yes. You may have legal counsel or any other person whom you feel can adequately present your case for you. In addition, you may personally present relevant information should you feel it necessary.

Parties are expected to appear at the scheduled hearing, either in person or by agent, to enter argument. In the event a party fails to appear, after consultation with the attending party, the Committee will proceed in one of the following ways:

  • adjourn the hearing to another date;
  • dismiss the appeal outright;
  • proceed with the hearing in the party's absence.

Decisions
Decisions of the Committee are rendered in writing, with reasons, as soon as possible after the hearing.

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