An Alberta municipality's development authority refuses a developer's development permit application. Under the Municipal Government Act, where does the developer's appeal lie? (SDAB means subdivision and development appeal board.)
Correct Answer
A) To the SDAB, or directly to the Land and Property Rights Tribunal in listed cases
Under Municipal Government Act s. 685(1) and (2.1), a refused applicant appeals to the subdivision and development appeal board (SDAB), except in cases listed in s. 685(2.1)(a), such as land in the Green Area or near a highway or body of water, where the appeal goes directly to the Land and Property Rights Tribunal instead. A further appeal from the SDAB lies to the Court of Appeal, with permission, on a question of law or jurisdiction (s. 688).
Why This Is the Correct Answer
The MGA sends development permit appeals to the SDAB, or directly to the Land and Property Rights Tribunal in the situations listed in s. 685(2.1)(a). This option states that route accurately.
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