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Part 2 - Development Process

Validity, Cancellations, and Appeals

This part outlines the City's Development Permit Process, including related requirements and procedures.

2.18 Development Permit Validity

  1. When a Development Permit means the document issued by the Development Authority or by Council in a Direct Control District under this Bylaw or any previous Land Use Bylaw, and includes any plans or conditions of approval. has been issued, the Development Permit becomes valid only when:
    1. All conditions of the Development Permit, save those of a continuing nature, have been fulfilled; and
    2. Either no appeal has been commenced within the time prescribed by statute for doing so, or if an appeal has been commenced, the appeal has subsequently been withdrawn by the appellant, or has been fully and finally adjudicated by the appeal body having jurisdiction, including any subsequent appeal to the courts.

2.19 Appeal Body Development Permits

  1. When an appeal body issues or directs the Development Authority has the same meaning as set out in the MGA. to issue a new or revised Development Permit resulting from an appeal of a Development Permit, or a condition of a Development Permit issued by the Development Authority, the new or revised Development Permit issued or ordered by the appeal body becomes valid only when any conditions of approval, save those of a continuing nature, have been fulfilled, unless the written decision of the appeal body specifies otherwise and no notice of appeal is served on the Subdivision and Development Appeal Board (SDAB) means the body established by the City of St. Albert Subdivision and Development Appeal Board Bylaw. or the Land and Property Rights Tribunal (LPRT) means a quasi-judicial tribunal established under the Land and Property Rights Tribunal Act, SA 2020, c L-2.3. within the prescribed time.
  2. Upon service on the City of an application for permission to appeal the decision of the Subdivision and Development Appeal Board (SDAB) means the body established by the City of St. Albert Subdivision and Development Appeal Board Bylaw. or  Land and Property Rights Tribunal (LPRT) means a quasi-judicial tribunal established under the Land and Property Rights Tribunal Act, SA 2020, c L-2.3., under the MGA, the Development Permit is suspended.
  3. The Development Permit issued by the SDAB or LPRT, and suspended pursuant to this Bylaw, remains suspended until:
    1. The Court of Appeal denies permission to appeal, and any appeal from that denial has been finally determined;
    2. The appeal is withdrawn; or
    3. The Court of Appeal has granted permission to appeal, heard the appeal on the merits, made its decision, and any appeal to the Supreme Court of Canada from that determination by the Alberta Court of Appeal has been finally determined.

2.20 Development Permit Remaining in Effect

  1. Unless otherwise provided in this Bylaw, a Development Permit ceases to be in effect if:
    1. The Development Permit is suspended or cancelled, pursuant to section 2.21;
    2. The development for which the permit is issued has not commenced within 24 months of the date the permit is issued; or
    3. The development for which the Development Permit is issued has commenced, but no physical work to complete the development has occurred for a period of 12 months.
  2. The 24-month period referenced in section (1)(b) shall be suspended upon commencement of an appeal and shall remain suspended until:
    1. The appeal body issues a written decision in respect of the appeal, and no further appeal to the Court of Appeal is commenced within time;
    2. The Court of Appeal denies permission to appeal, and any appeal from that denial has been finally determined;
    3. The appeal is withdrawn; or
    4. The Court of Appeal has granted permission to appeal, heard the appeal on the merits, made its decision, and any appeal to the Supreme Court of Canada from that determination by the Court of Appeal has been finally determined.
  3. A Development Permit for a variance or Discretionary Use comes into effect 21 days from the date public notice is issued. Subject to section (4), a Development Permit for a Permitted Use comes into effect on the date it is issued.
  4. When a Development Permit for a Permitted Use is issued, the applicant may commence development prior to the close of the 21-day appeal period, at their own risk.

2.21 Revoked or Suspended Development Permit

  1. If, after the issuance of a Development Permit, it becomes known to the Development Authority that:
    1. The application for the Development Permit contains incorrect information that was not subsequently corrected or clarified by the Applicant before the decision to issue the Development Permit was made;
    2. Information has not been disclosed to the Development Authority at the time of application or during the Development Authority’s consideration of the application, which could have affected the decision to issue the Development Permit or the conditions of the Development Permit; or
    3. The Development Permit was issued due to a clerical or administrative error;

The Development Authority may:

  1. Cancel the Development Permit by written notice to the Applicant sent or delivered to the address given in the Development Permit application; and
  2. Upon receipt of written notice of suspension or cancellation of a Development Permit, the Applicant must cease all development and activities related to the Development Permit.

2.22 Fees for Development Appeals

A person who appeals a Development Permit, a condition of a Development Permit, or a Stop Order must pay the administrative fee prescribed for filing the appeal as set out in the Master Rates Bylaw.

2.23 Repeat Application

  1. When an application for a Development Permit means the document issued by the Development Authority or by Council in a Direct Control District under this Bylaw or any previous Land Use Bylaw, and includes any plans or conditions of approval. has been refused by the Development Authority has the same meaning as set out in the MGA., and that decision has either not been appealed or has been upheld on appeal, or when a Development Permit has been cancelled, an application for a Development Permit for the same or substantially the same use, shall not be accepted by the Development Authority from the same or any other Applicant for the same site, within six months of the date of refusal or cancellation, or, where applicable, within six months of the decision on appeal.
  2. Section (1) shall not apply in the case of a subsequent application for a Development Permit following a refusal, if the application complies with all the regulations of this Bylaw and does not require approval of a variance.
  3. If, upon review of any application for a Development Permit, the Development Authority determines that section (1) applies, then the Applicant shall be so advised in writing, and any application fees that have been paid shall be refunded. Such an application shall not be considered as having been refused, but shall be deemed not to have been submitted.
  4. Notwithstanding section (1), if two or more Development Permit applications from the same Applicant for the same or substantially the same use on the same site have been refused by the Development Authority or on appeal, a third and any subsequent Development Permit application for that use on that site shall not be accepted by the Development Authority until one year from the date of the most recent refusal, unless that application is for a use that complies in all respects with the requirements of this Bylaw and does not require approval of a variance.

Last edited: January 20, 2026

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