Frequently Asked Questions
Why do I have to pay an appeal fee?
A small fee is charged to help offset costs of administration and to discourage frivolous appeals. The appeal fees are set out under the ISDAB Agreement.
What are the written submission deadlines?
The Hearing Procedures outline the typical written submission deadlines. Written submission deadlines may be modified at the discretion of the Chair or the Clerk for any appeal filed with the Board.
What is the Hearing Process
You will receive a Notice advising the date, time and location of your hearing, along with the dates that written submissions are due by. Parties will be advised in the Notice of Hearing of the format of the hearing and about how they can participate. Hearings are typically scheduled within 30 days of receiving a valid appeal, are open to the public and are recorded.
We recommend that you participate in your hearing, whether in-person or via video conference, or ask someone to participate in your hearing on your behalf. Your appeal is stronger if you can answer questions from the Board or respond to any new information presented during the hearing.
Normally, three Board members will hear your appeal. One member will act as the Chairperson and will start the hearing by explaining the hearing process.
All parties will be given an opportunity to present their case, usually beginning with the person who filed the appeal (the Appellant). Once all parties have given their presentation, the Appellant will be given a chance to respond to any new information that has come up during the hearing (Rebuttal).
The hearing is then closed. All parties will be asked to leave the room and the Board will deliberate and come to a decision in private. A verbal decision is not provided at the conclusion of the hearing; a written decision is issued within 15 days of the hearing.
Postponement Requests
A Postponement request must be in writing and must include reasons for the request. This request can be provided to the SDAB Office prior to the hearing or to the Board at the time of the hearing. If other parties are involved the Clerk will contact them for a written opinion with respect to the postponement request.
The decision to grant or deny a Postponement Request can only be made by the Board.
Rather than request a postponement you could have a representative attend the hearing on your behalf, or you can ask the Board to proceed with the hearing in your absence based on your written submissions.
Withdrawals
An Appellant may withdraw their appeal at any time prior to the start of the hearing. If an appeal is withdrawn, there will be no hearing of the matter and no opportunity for other interested or affected parties to make submissions before the Board.
If you would like to withdraw your appeal you can make such a request to the ISDAB Clerk. Appeal fees can only be refunded if the appeal is withdrawn before hearing notices are mailed.
The Applicant of the Development Permit may request cancellation of their development permit. If a Development Permit is canceled, the SDAB hearing will also be canceled as there is no Development Permit to be appealed.