INTRODUCTION
Any applicant or resident has the right to appeal a decision made by the Medicine Hat Subdivision Authority or the Municipal Planning Commission (Development Authority).
PROCEDURE
The Municipal Government Act requires the completion and submission to the City Clerk of a Notice of Subdivision or Notice of Development Appeal within fourteen (14) calendar days following the date a decision is made and is advertised in the local newspaper.
The Notice of Appeal forms are available from the City Clerk Department, City Hall - Second Floor, 580 First Street S.E. during normal business hours, which are 8:30 a.m. to 4:30 p.m.
APPEAL PROCESS
The Municipal Government Act, requires that a Subdivision or Development Appeal Board Public Hearing be held within 30 days upon the City Clerk's receipt of a properly completed Notice of Appeal form. The person signing the Notice of Appeal is referred to as the appellant and will be notified the date, time and location details of the Public Hearing. In addition, an advertisement will be placed in the local newspaper and notifications are usually sent to abutting property owners.
PUBLIC HEARING
There are two ways to bring information before the Subdivision and Development Appeal Board:
(a) by way of a submission (preferably typed) OR
(b) by attending and speaking at the Public Hearing.
At the Public Hearing, the list of persons speaking for usually a five (5) minute maximum period of time are heard in this order after the City's Planning Staff presents the details of the appeal:
(i) Appellant or any person (agent/lawyer) acting on his/her behalf
(ii) Subdivision Authority or Municipal Planning Commission representative.
(iii) Any other person
(iv) Rebuttal by Appellant Although not mandatory, it is strongly recommended that the appellant or his/her appointee attend the Public Hearing.
PUBLIC HEARING HINTS
Although a first-time appearance before the Subdivision and Development Appeal Board may appear to be an intimidating process, don't be nervous as the Board Members are only interested in the evidence and facts that are presented and not personalities or emotional arguments.
Do your homework and do a thorough analysis of the project/development
Pre-arranging to have a large number of persons speaking and saying virtually the same comments is usually not productive when one or two well prepared speakers can be more effective.
Consider asking for personal letters from the neighbourhood residents over a petition signed by persons who may not have a direct interest in the appeal.
ASSISTANCE
The City Clerk serves as the Secretary to the Subdivision and Development Appeal Board and may be contacted at City Hall, second floor, or phone 403.529.8234 if there are any questions or problems.
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Appeal Forms.pdf |