File a Planning Appeal
The Planning Appeals Committee(PAC) hears and decides appeals about planning and development decisions.
Below are the steps to file a planning appeal.
1. Overview
The PAC hears and decides appeals about planning and development decisions made by:
- development appeals boards;
- district planning authorities;
- the Ministry of Government Relations, Community Planning Branch;
- development officers in Northern Saskatchewan Administrative District; and
- municipalities.
2. Guidance
You may appeal to the PAC if:
- you receive a decision about your development from the development appeals board or district planning authority;
- you receive a decision letter about your proposed subdivision;
- when a development levy or servicing agreement can't be reached, or the municipality requests payment of a development levy from you;
- for a development within a direct control district, when a development agreement can't be reached, or the municipality hasn't approved your drawings; or
- in the Northern Saskatchewan Administrative District, your development permit application is refused by the development officer, or you believe they have misapplied a development control.
3. Eligibility
When you receive a decision from the development appeals board (DAB) or district planning authority (DPA), you may appeal to the PAC if:
- you have an issue with what the DAB or DPA decided; and
Criteria: - it's within 30 days of receiving the decision; and
- you submit the notice of appeal clearly identifying and explaining the issues with the decision on the prescribed form.
When you receive a decision letter about your proposed subdivision from the DPA or Ministry of Government Relations, Community Planning Branch (CP), you may appeal to the PAC if:
- you have an issue with what the DPA or CP decided; and
Criteria: - it's within 30 days of receiving the decision; and
- you submit the notice of appeal clearly identifying and explaining the issues with the decision.
When your development permit application is refused by a development officer, you may appeal to the PAC if:
- the development's location is in the Northern Saskatchewan Administrative District;
- you have an issue with the refusal, or you believe the development officer misapplied a development control; and
Criteria: - it's within 30 days of receiving the decision; and
- you submit a notice of appeal clearly identifying and explaining the issues.
When a municipality asked you to pay a development levy, you may appeal to the PAC if:
- you have any of the following issues with the request:
- the requested fees don't directly or indirectly pay for a capital project serving your development;
- the levy isn't for capital costs;
- the levy has been calculated incorrectly; or
- you already paid the levy, or an equal amount, for this development;
- the municipality is not an approving authority; and
Criteria: - it's within 30 days of receiving the decision; and
- you submit the notice of appeal clearly identifying any of the issues above.
When you or the municipality can't reach a development levy or servicing agreement, you may appeal to the PAC if:
- you have any of the following issues:
- you're not sure an agreement is required;
- you don't agree with the proposed agreement's terms and conditions; or
- you think something is missing from the development permit application or subdivision proposal;
- the municipality is not an approving authority; and
Criteria: - it has been 90 days since the development permit application or proposal to subdivide land was submitted, and an agreement hasn't been reached; and
- you submit the notice of appeal clearly identifying and explaining any of the issues above.
When you or the municipality can't reach a development agreement, or the municipality hasn't approved your drawings, you may appeal to the PAC if:
- the development location is within a direct control district;
- the municipality isn't an approving authority; and
Criteria: - you have any of the following issues:
- it has been 60 days since you've submitted plans or drawings to the municipality and they haven't been approved; or
- it has been 90 days since the plans or drawings were submitted and a development agreement hasn't been reached;
- you submit the notice of appeal clearly identifying and explaining any of the issues above.
4. How to Apply
If you are eligible to apply:
- Complete the notice of appeal, clearly identifying and explaining the issues for your situation.
- Submit the notice of appeal to the PAC:
- personally by e-mailing, submitting online or delivering; or
- by regular or registered mail.
- Personally deliver or mail your appeal fee of $50 to the PAC.
5. Apply
- Step 1 (Saving file): Right-click on "Notice of Appeal to the Planning Appeals Committee" box below then select "Save Link as..." or "Save Target as..." and save the file to your computer.
- Step 2 (Opening file): Open the PDF using Adobe® Acrobat® or Adobe®Reader®, version 8 or later.
Notice of Appeal to the Planning Appeals Committee
What happens after I file my appeal?
All appeals will go through our case management process, which includes:
- reviewing and streamlining the issues/grounds in your Notice of Appeal (NOA);
- where possible, mediating with the parties to resolve issues; and
- resolving any outstanding issues by having a hearing(written submission, video conference or in-person).
Step 1: Streamlining Issues
- In most cases, the case management team will review the issues in your appeal to ensure they are succinct (brief and clearly expressed):
- Show how the development appeals board (DAB) / community planning (CP) made a mistake in its decision (e.g., The DAB/CP made a mistake when it...) or Appeal the development levy or servicing agreements.
- A 14-day extension is provided to the appellants to clarify the issues and provide supporting facts in your NOA.
Step 2: Mediation
- Our case management team will guide the parties towards their own resolution by having joint sessions and/or separate caucuses with parties to help both sides define the issues clearly, understand each other's position and move closer to resolution.
Step 3: Acknowledgement
- We will formally acknowledge the appeal with the streamlined grounds and the hearing type.
Step 4: Any outstanding issues are resolved by;
- Written Submissions
- Appellant sends in his/her submission (due date: 40 days prior to the hearing).
- Respondent sends in his/her submission (due date: 30 days prior to the hearing).
- Appellant may submit a "last word" document (due date: 23 days prior to the hearing).
- The Committee will meet and decide the appeal after reviewing the BOR record, any relevant prior decisions and the submissions.
- Video Conference
- Appellant sends in his/her submission (due date: 40 days prior to the hearing).
- Respondent sends in his/her submission (due date: 30 days prior to the hearing).
- Parties or their agents attend the hearing via video conferencing to state their case.
- The Committee hears both parties and decides the appeal.
- In-person Hearing
- Appellant sends in his/her submission (due date: 40 days prior to the hearing).
- Respondent sends in his/her submission (due date: 30 days prior to the hearing).
- Parties or their agents attend the hearing in Regina or Saskatoon to state their case.
- The Committee hears both parties and decides the appeal.
Step 5: Decision
- A written decision will be issued within 60 days of the hearing.