Participating in an appeal hearing is your opportunity to provide your thoughts and views on a proposed development or subdivision to a decision maker. The SDAB sets out an agenda and uses procedures to ensure that all who wish to speak to a topic are given a fair opportunity to do so and in a respectful manner.

The following pointers may assist you:

  • Each appeal is considered on its own merits and the SDAB is not bound by precedent for any similar decisions
  • Be prepared to state your views clearly and concisely using written materials and supporting information as needed
  • Focus on relevant planning matters such as the impact on the use, enjoyment and value of property (see discussion below)
  • Avoid discussion of irrelevant matters that the SDAB will not consider (see discussion below)
  • Make your presentation and address your questions to the SDAB Chair and panel members when the Chair recognizes you and indicates it is your turn to speak
  • Be prepared to answer questions about your presentation and to ask questions of clarification of the other parties in the appeal (you do not get to cross examine them)
  • Questions about procedure before the start of the hearing can be directed to the Clerk of the SDAB (they will not review your presentation or materials with you)
  • Avoid contacting members of the SDAB about the appeal as they are not allowed to discuss appeals and may be disqualified from participating in the hearing if there is a potential for bias

 

Relevant Planning Matters and Irrelevant Matters

Examples of relevant planning matters that are within the ability of the SDAB to consider include:

  • Lack of compliance with the requirements of the Land Use Bylaw
  • Appropriateness of the site for the proposed use
  • Impact on parking
  • Impact on traffic and movement
  • Visual appearance
  • Impact on privacy
  • Creation of shadows or blocking of access to sunlight
  • Creation of noise, odour, dust, light glare

 

Examples of irrelevant matters that are not considerations for the SDAB include:

  • Precedence or decisions made in other cases
  • Competition between businesses
  • The character of the applicant, appellant or any other person or organization
  • Financial impacts on the applicant or the financial status of the applicant
  • Characteristics of the future users or occupiers of the development
  • Tenure status such as rented, owned fee simple, or condominium