In Alberta, what is the difference between a 'permitted use' and a 'discretionary use' under a land use bylaw?

Q: What is the correct answer to: In Alberta, what is the difference between a 'permitted use' and a 'discretionary use' under a land use bylaw?

The correct answer is A permitted use must be approved if it meets all requirements of the bylaw, while a discretionary use may be approved or refused at the development authority's discretion. Under the MGA, a permitted use must be approved by the development authority if the application meets all requirements of the land use bylaw — there is no discretion to refuse. A discretionary use may be approved or refused at the development authority's discretion, who evaluates the merits and potential impacts. This distinction creates different levels of development certainty and appeal rights.

Q: What background knowledge is needed for this Land Use & Planning question?

Each land use district in an Alberta land use bylaw lists specific permitted and discretionary uses. Permitted use refusals can only be appealed on the basis that the development authority misapplied the bylaw. Discretionary use refusals give the SDAB broader review authority. Some developments are exempted from needing permits altogether. Development authorities may attach conditions to both types.

Q: What is a good way to remember the answer to this Land Use & Planning question?

Permitted use is a Promise — if you meet the rules, approval is guaranteed. Discretionary use requires a Decision — the authority weighs pros and cons and may say no. On the exam, remember: Permitted = automatic if compliant, Discretionary = authority has choice. This distinction determines development certainty and risk.

Q: What exam tip applies to this Land Use & Planning question?

Permitted uses MUST be approved if bylaw requirements are met. Discretionary uses MAY be refused even if technically compliant. This is a fundamental Alberta planning concept.

Q: How does this Land Use & Planning concept apply in real world practice?

A developer applies for a development permit for a single-family home (permitted use) and a secondary suite (discretionary use) in an Edmonton residential zone. The home is approved automatically as it meets all bylaw requirements. The secondary suite application is reviewed at the authority's discretion and approved with conditions for additional parking.

Question

Land Use & PlanningABMEDIUM

In Alberta, what is the difference between a 'permitted use' and a 'discretionary use' under a land use bylaw?

Answer Options

A

There is no difference; both terms mean the same thing

B

A permitted use must be approved if it meets all requirements of the bylaw, while a discretionary use may be approved or refused at the development authority's discretion

C

A permitted use requires a development permit, while a discretionary use does not

D

A permitted use is for residential, while a discretionary use is for commercial