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Thread: Development permit appeals

  1. #1
    Cyburbian Richmond Jake's avatar
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    Development permit appeals

    This is a first in my experience.

    We recently issued a development permit for a sand mine. The use in consistent with the comprehensive plan and allowed as a matter of right in its zone district. State agencies have also issued their approvals. Well, the permit has stirred up a storm.

    First, the applicant appealed the decision objecting to several conditions on the permit. Secondly, a neighbor appealed the decision objecting to the totality of the proposed sand mine. Two appeals on one permit. The appeals go to the Board next month. This is going be a circus.

    Anybody else have a similar experience?

  2. #2
    Cyburbian The One's avatar
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    Hmm.....

    Our appeals like that would go to the Board of Adjustment for a decision on whether the permit was issued correctly. I haven't had two appeals like that on one case yet.
    “The way of acquiescence leads to moral and spiritual suicide. The way of violence leads to bitterness in the survivors and brutality in the destroyers. But, the way of non-violence leads to redemption and the creation of the beloved community.”
    Dr. Martin Luther King, Jr.
    - See more at: http://www.thekingcenter.org/king-ph....r7W02j3S.dpuf

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    BWharrie's avatar
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    2 appeals

    What a great learning opportunity. As they say, Who comes first? In NSW, Australia I guess they would be two separate appeals. The applicant seeking a review of the decision or an appeal under section 97 of the Environmental Planning & Assessment Act 1979. Then the objector under section 123 or 98 of same Act. Section 123 is an appeal against the determining body that they have not followed the required process of environmental assessment.

    Ensure no egg on the face so dot check the i's and cross the t's of the process to keep yourself and employer out of the mud.

    Good luck. Like trying to herd a clowder of cats. Always straying away and will scratch when forcing them to do something they don't want to do!

  4. #4
    Cyburbian
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    How does a neighbor have standing to appeal? Is this allowed in your code (or by state statute?)

    A neighbor can protest (speak out at public meetings), but would not have a legal right to appeal any decision unless they had standing (they were an owner of the property) in my municipality.

  5. #5
    Cyburbian Masswich's avatar
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    Around here everything gets appealed. Its a common stalling and negotiating tactic. As well as (occasionally) a way to force a closer look at a sloppy ruling.

  6. #6
    Cyburbian Richmond Jake's avatar
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    Quote Originally posted by southsideamy View post
    How does a neighbor have standing to appeal? Is this allowed in your code (or by state statute?)

    A neighbor can protest (speak out at public meetings), but would not have a legal right to appeal any decision unless they had standing (they were an owner of the property) in my municipality.
    Our code states that any aggrieved or adversely affected party has standing to appeal any opinion, decision or action of the planning official, planning commission or any other board or commission to the board of commissioners.

    Quote Originally posted by Masswich View post
    Around here everything gets appealed. Its a common stalling and negotiating tactic. As well as (occasionally) a way to force a closer look at a sloppy ruling.
    Everything? May I suggest your appeal fee is too low?


    The two appeals have been combined into a single public hearing. It's a quasi-judicial hearing and guess who'll be spending most of the time giving testimony?
    Annoyingly insensitive

  7. #7
    Cyburbian Masswich's avatar
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    Maybe we're speaking different planning lingo here. In Massachusetts the municipal board makes a ruling on a special permit or variance, and if someone doesn't agree with the decision they appeal it to land court or superior court. There are filing fees at those levels but many, if not most, cases at least get a hearing and delay a project for 2-3 years.

  8. #8
    Cyburbian
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    Quote Originally posted by RichmondJake View post
    This is a first in my experience.

    We recently issued a development permit for a sand mine. The use in consistent with the comprehensive plan and allowed as a matter of right in its zone district. State agencies have also issued their approvals. Well, the permit has stirred up a storm.

    First, the applicant appealed the decision objecting to several conditions on the permit. Secondly, a neighbor appealed the decision objecting to the totality of the proposed sand mine. Two appeals on one permit. The appeals go to the Board next month. This is going be a circus.

    Anybody else have a similar experience?
    The Calgary Subdivision and Development Appeal board can be quite a circus sometimes. Unfortunately only the agenda is provided online; so there isn't much documentation for public viewing.

    That being said; in terms of the two arguments I would say this:
    It's important when conditioning a permit that you do so in a manner that the condition is supported with rules in your bylaws or ordinance. I know of planners in a northern community that have been applying conditions that are absolutely improper and I'm surprised are not appealed. If the conditions are standard; show an example of a previous approval. On the neighbours appeal - one of the things I often mention (if it's an as-of-right use) is the fact that if it meets all the rules, it's allowed by right. Meaning, that Council in passing it's Bylaw or ordinance - said it's appropriate. So the issue of whether it's appropriate or not is already answered by the fact it's a listed use.

    Appeals can be quite intimidating - but you get used to them.

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