Hearings are open to the public.
Persons who file an appeal are encouraged to make a verbal presentation to the Board. Persons who have been notified of the appeal also have the right to present a verbal, written and/or visual presentation to the Board.
If desired, parties may have someone, or an agent, speak on their behalf. If a number of appeals are filed on the same development, it is recommended that a spokesperson be selected to organize presentations so that evidence is not repetitive.
Exhibits used during a presentation become part of the SDAB record of the hearing and must be retained for a minimum of 60 days. If return of this material is required, the SDAB must be advised at the conclusion of the hearing and arrangement will be made for its return at the end of the retention period.
The presiding Chair announces each appeal and will call a representative of Development/Subdivision Authority or Bylaw Enforcement to present their report and the reasons for their decision.
For a development or subdivision appeal, the Chair will then ask for:
- all speakers in favour of the appeal (persons who filed an appeal or support the position of the appellant).
- all speakers opposed to the appeal (persons who oppose the position of the appellant).
For an appeal against a Stop Order, a representative for the Development Authority will present their report and then the Chair will ask for:
- all speakers in favour of the enforcement order (persons who oppose the position of the appellant).
- all speakers opposed to the enforcement order (persons who filed an appeal or support the position of the appellant).
For a appeal against an Order to Remedy, the Chair will call on a representative of the Municipal Bylaw Enforcement to present their report and reasons for issuing the Order, then the Chair will ask for:
- all speakers in favour of the appeal (persons who filed an appeal or support the position of the appellant).
- all speakers opposed to the appeal (persons who oppose the position of the appellant).
Individuals who have presented their case will be given an opportunity for rebuttal once the Board has questioned the Development/Subdivision Authority or Bylaw Enforcement Officers on any issues raised during the proceedings. Rebuttal is an opportunity to refute information and evidence presented since the last time you spoke that you could not have reasonably anticipated. It is not an opportunity to reargue your case or create new argument.
When presenting an appeal, keep in mind the Board does not consider precedent when making its decision. Each application is judged on its own merits.
When all the evidence has been presented, the Board will hear closing statements from both parties. This includes a brief summary of your case and the arguments supporting them.
The Board members may ask questions at any time during the hearing.
After closing statements the Chair will adjourn the hearing.