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PLANNING AND DEVELOPMENT - Development permits - Relationship to bylaws - Variances

Friday, November 17, 2017 @ 8:23 AM  

Lexis Advance® Quicklaw®
Application by Bell for permission to appeal a decision of the City of Edmonton Subdivision Appeal Board. The applicant owned a home located in an area zoned as low density infill. The neighbourhood was also subject to Area Redevelopment Plan Mature Neighbourhood Overlay provisions of the applicable zoning bylaw. The applicant's neighbours applied for a development permit to replace their existing home with a residence containing a secondary basement suite and a rooftop terrace with a fire pit and hot tub. The development officer granted certain variances to accommodate the development without provision of reasons. The applicant appealed to the Board due to concerns the development would pose a nuisance. The Board allowed the officer to present the reasons for permitting the variances at the applicant's appeal hearing and dismissed the appeal thereafter. The Board found that any potential noise or nuisance issues were not a planning consideration within its purview. The applicant sought permission to appeal the Board's ruling to the Court of Appeal.

HELD: Application allowed. The ongoing conflict between developers and neighbours in residential in-fill zones subject to mature neighbourhood overlays supported the conclusion that questions of law raised by the applicant had a significant impact beyond the parties. The applicant was granted permission to appeal on the question of whether the Board misdirected itself with respect to s. 687(3)(d) of the Municipal Government Act in determining the noise and its impact on property enjoyment was beyond its purview. In addition, the applicant was granted permission to appeal on the question of whether the Board failed to comply with the Area Redevelopment Plan, including the duty to consult abutting property owners. Furthermore, permission to appeal was granted on the issue of whether the Board erred in permitting the development officer to provide reasons for the variance at the appeal hearing.

Bell v. Edmonton (City) Subdivision and Development Appeal Board, [2017] A.J. No. 1128, Alberta Court of Appeal, M.G. Crighton J.A., October 30, 2017. Digest No. TLD-November132017009