Edmonton Zoning Bylaw 12800

17.        Validity and Cancellation of a Development Permit

Bylaw 16489

July 15, 2013

Bylaw 17831

November 28, 2016

17.1         Validity of a Development Permit

Bylaw 17831

November 28, 2016

  1. When a Development Permit Application has been approved by the Development Officer, the Development Permit shall not be valid unless and until:

  1. any conditions of approval, except those of a continuing nature, have been fulfilled; and

Bylaw 17831

November 28, 2016

  1. the time for filing a notice of appeal to the Subdivision and Development Appeal Board as specified in subsection 21(1) of this Bylaw and the Municipal Government Act has passed.

Bylaw 17831

November 28, 2016

  1. When a Development Permit Application has been approved by the Subdivision and Development Appeal Board, it shall not be valid until any conditions of approval, except those of a continuing nature, have been fulfilled.

Bylaw 17831

November 28, 2016

  1. The Development Officer shall suspend a Development Permit upon receipt of a filed notice of appeal to the City of Edmonton from the Subdivision and Development Appeal Board in accordance with the Municipal Government Act, and subsection 21(1) of this Bylaw. The Development Permit remains suspended until:

  1. the Subdivision and Development Appeal Board renders a decision and the time for filing a leave to appeal application to the Court of Appeal has passed without a leave to appeal being filed;

  2. the Alberta Court of Appeal denies leave to appeal and any appeal from that denial has been finally determined;

  3. the Alberta Court of Appeal has granted leave to appeal, heard the appeal on the merits, made its decision, and any appeal to the Supreme Court of Canada from that determination of the Alberta Court of Appeal has been finally determined; or

  4. the appeal is otherwise resolved.

  1. Any Development Permit issued on the basis of incorrect information contained in the application shall be invalid.

17.2         Cancellation of a Development Permit

  1. The Development Officer may cancel a Development Permit following its approval if:

  1. any person undertakes development, or causes or allows any development to take place on a Site contrary to the Development Permit;

  2. the application for the Development Permit contained a material misrepresentation;

  3. material facts were not disclosed during the application for the Development Permit;

  4. the Development Permit was issued as a result of a material error; or

  5. the landowner requests, by way of written notice to the Development Officer, the cancellation of the Development Permit.

Bylaw 17831

November 28, 2016

  1. Notwithstanding subsection 17.2(1)(a) through (d), the Development Officer shall not cancel a Development Permit that has been appealed to the Subdivision and Development Appeal Board, the Alberta Court of Appeal, the Supreme Court of Canada, or until a decision is rendered or the appeal is otherwise resolved.

Bylaw 17831

November 28, 2016

  1. Notice of the Development Officer’s decision to cancel the Development Permit shall be provided in writing by ordinary mail to the property owner, and to the applicant of the Development Permit. Such notice shall state the reasons for the cancellation of the Development Permit.

  1. Any person who undertakes development, or causes or allows any development after a Development Permit has been cancelled, shall discontinue such development forthwith and shall not resume such development until a new Development Permit has been approved by the Development Officer and is valid pursuant to Section 17.1 of this Bylaw.

  2. All development continuing after the Development Permit has been cancelled shall be deemed to be development without a Development Permit.