Planning
Hearing Procedure | Notice of Appeal Form
The Municipal Government Act permits appeals to the Nova Scotia Utility and Review Board (“NSUARB”) from decisions of municipal councils respecting land-use by-law amendments, rezonings and development agreements and from decisions of development officers refusing to issue development permits or to approve plans of subdivision.
In addition to the applicant who filed the initial application, any “aggrieved person” may appeal the decision of council or the development officer, as the case may be. An “aggrieved person” is defined in s. 191 of the Municipal Government Act, but typically involves an individual or group of individuals who bona fide believes the decision of the council will adversely affect the value, or reasonable enjoyment, of the person’s property or the reasonable enjoyment of property occupied by the person(s).
To commence an appeal, a Notice of Appeal must be filed with the NSUARB within the strict time limits described in s. 249 of the Act, being within 14 days of publication of notice of council’s decision adopting the land-use by-law amendment, or approving a development agreement (or an amendment thereto), or within 14 days after the date of written notice of council’s refusal to amend the land-use by-law, its refusal to approve or amend a development agreement, or a development officer’s refusal to issue a development permit or approve a plan of subdivision.
Under s. 251 of the Municipal Government Act, the Board cannot allow an appeal unless it determines that the decision of council does not reasonably carry out the intent of the municipal planning strategy, or that the decision of the development officer conflicts with the provisions of the land-use by-law or the subdivision by-law. Section 251 requires the Board to uphold council’s decision if it is based on a reasonable interpretation of the intent of the municipal planning strategy, even if the appellant can identify an alternative interpretation which is contrary to council’s decision.
The NSUARB also hears appeals from decisions of heritage officers or municipal councils relating to heritage properties, pursuant to the Heritage Property Act.
The Municipal Government Act Rules outline the requirements relating to practice and procedure for planning appeals to the NSUARB. The Municipal Government Act, the Heritage Property Act, and the Municipal Government Act Rules can be accessed through the “Statutes” and “Rules and Regulations” buttons located on the left hand side of this screen.
For further information on the conduct of an appeal, please see our Hearing Procedure page.
Following the hearing, the Board is required to issue a written decision giving reasons for its disposition of the matter. A copy of the decision will be sent to each party. Past decisions of the Board can be accessed through the “Decisions” button located on the left hand side of this screen.