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Permits & Building Codes | 12 views |

How long does a development permit appeal take in Calgary if my neighbor objects to my laneway home in Kensington?

Question

How long does a development permit appeal take in Calgary if my neighbor objects to my laneway home in Kensington?

Answer from Construction Brain

Development permit appeals in Calgary typically take 4-6 months from filing to final decision, though complex cases involving laneway homes in established neighborhoods like Kensington can take longer due to community concerns and detailed review requirements.

The appeal process begins when you receive notice that your development permit application has been refused or approved with conditions you want to challenge. In Calgary, appeals go to the Subdivision and Development Appeal Board (SDAB), which operates independently from the City's planning department. You have 21 days from receiving the development authority's decision to file your appeal, and the filing fee is currently $350 for residential appeals.

Kensington presents unique challenges for laneway homes due to its heritage character, narrow lots, and active community association. The Kensington-Hillhurst Community Association often participates in development appeals, particularly for projects that could impact the neighborhood's character or parking availability. Your neighbors can file their own appeal if they disagree with an approval, or they can appear as affected parties during your appeal hearing if you're challenging a refusal.

The SDAB hearing process involves several stages that extend the timeline. After filing, you'll receive a hearing date typically 6-10 weeks out. Both sides can submit evidence, hire planning consultants or lawyers, and call witnesses. The board consists of citizen volunteers with planning experience who review your case against Calgary's Land Use Bylaw and the Kensington Area Redevelopment Plan. Laneway homes in Kensington must comply with specific design guidelines including maximum height (8.5 meters), lot coverage limits, and parking requirements that often become contentious issues.

Professional guidance is crucial for laneway home appeals in established neighborhoods. Consider hiring a land use planner or development consultant who understands Calgary's appeal process and Kensington's specific requirements. They can help address common objections like parking impacts, privacy concerns, and neighborhood character compatibility. The SDAB's decision is binding, though you can appeal to the Alberta Court of Appeal on questions of law or jurisdiction only.

Next steps: If you're facing an appeal, gather supporting documentation including architectural drawings, parking studies, and letters of support from neighbors. Review successful laneway home approvals in similar Calgary neighborhoods to strengthen your case. Contact the SDAB office at 403-268-5312 or visit calgary.ca/sdab for specific procedural requirements and to track your hearing date.

Find experienced development consultants and planning professionals in our Calgary directory who specialize in laneway home approvals and SDAB appeals.

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