Appeals

1. The person applying for the permit or affected by a stop work order under the Municipal Government Act may appeal to the Subdivision and Development Appeal Board, if a Development Authority:

Refuses or fails to make a decision on a development permit within
forty (40) days of receipt of a completed application;
Issues a development permit subject to conditions; or
Issues a stop work order or order to remedy pursuant to the Municipal Government Act.

2. In addition to an applicant under subsection (1), any person affected by an order, decision or development permit made or issued by a Development Authority may appeal to the Subdivision and Development Appeal Board.

3. Notwithstanding Section 18(1) and (2), no appeal lies in respect of the issuance of a development permit for a permitted use unless the provisions of this Bylaw are relaxed, varied or misinterpreted pursuant to the Municipal Government Act.

4. Pursuant to the Municipal Government Act, if a decision on a Direct Control permit is made by a Council, there is no appeal to the Subdivision and Development Appeal Board.

5. An appeal by an applicant may be commenced by filing a notice of the appeal containing specific reasons and submitting the necessary fee, with the Secretary of the Subdivision and Development Appeal Board within fourteen (14) days after:

6. An appeal by an affected person may be commenced by filing a notice of the appeal containing reasons, with the Secretary of the Subdivision and Development Appeal Board within fourteen (14) days after the date on which the notice of issuance of the permit was published in accordance with Section 16 and submit the necessary fee.

7. Pursuant to the Act, the Subdivision and Development Appeal Board must hold an appeal hearing within thirty (30) days of the receipt of a notice of appeal.