You may appeal the following issues:
The Appeal Board does not have the authority to hear matters resulting from the following:
You must submit the following to the Secretary to the Regional Appeal Boards when you file your appeal:
You can mail or deliver your appeal to:
Once you have received your decision, you have fourteen (14) calendar days to appeal the decision to the applicable Appeal Board.
There are four (4) Regional Appeal Boards:
The cost to register an appeal is $200 plus HST ($230 in total). Cheques and money orders are payable to the Newfoundland Exchequer Account. You may also pay using a credit card by calling the Central Cashier’s office at (709)729-4071 or (709)729-3042. Please note, in order to register your appeal, proof of payment must accompany your appeal form.
The Secretary to the Regional Appeal Boards will issue a letter to you acknowledging receipt of your appeal. The Secretary will notify the Authority (municipal council or Service NL) and request records and information regarding the decision being appealed. The Secretary will also inform the Authority of section 45(1) of the Urban and Rural Planning Act, 2000 which requires all work related to the development under appeal to stop pending a decision of the Board. Information submitted will become part of a public appeal process and is managed in accordance with the Access to Information and Protection of Privacy Act, 2015.
A formal notice of the time, date, and place for the hearing will be provided to all parties to the appeal through registered mail.
A professional land use planner who serves the Appeal Boards as Technical Advisor will review all documentation and prepare a report regarding the appeal that will be entered as evidence at the Appeal Hearing.
Prior to your hearing, the Secretary will provide you with a consolidated copy of all submissions from the appellant(s), the authority, the technical advisor to the Board, and any interested parties.
The Board hears appeals in the order they are received. Typically, it takes two to four months from the time an appeal is registered. However, depending on the number of pending appeals with each Board, that time frame may vary.
The Secretary to the Appeal Boards will notify you at least seven (7) days prior to the date of your hearing via registered mail.
Appeals are heard in a central location for the Board and the communities involved.
All parties are encouraged to attend the hearing to ensure a fair hearing is obtained. Attending the hearing allows all parties with the opportunity to provide evidence to the Board in person.
If you cannot attend your hearing, please consider the following options:
If either the appellant(s) or the authority are absent at a hearing, the Board has discretion to decide whether or not to proceed with the hearing.
As the appellant(s) or the authority, you will be asked to make a presentation to the Board. Any interested parties may present to the Board as well. A detailed account of how a hearing is run is outlined in section 10 of the Rules of Procedure, 1994. Generally, the appellant(s) will present first, followed by the authority and then any interested persons will present to the Board last. The Board may ask questions along the way.
Yes. The Secretary is responsible for recording each hearing. Anyone interested in obtaining a copy of a hearing may request the recording from the Secretary.
The Board considers how and why the Authority made the decision under appeal. In doing so, the Board reviews whether the Authority complied with all applicable legislation, policies and regulations when it made the decision under appeal.
The Board may confirm, reverse or vary the decision appealed and may impose those conditions that the board considers appropriate in the circumstances and may direct the council, regional authority or authorized administrator to carry out its decision or make the necessary order to implement its decision.
The Board considers all the evidence at the Hearing and endeavors to provide a written decision to all parties within twenty-one (21) days of the hearing. Previous Board’s decisions can be found HERE.
In its decision, the Board may order an amount equal to the appeal registration fee be paid to the appellant by the Authority (e.g. Town or City Council/Service NL).
You may appeal the Board’s decision to the Supreme Court of Newfoundland and Labrador within ten (10) days of the appellant receiving the decision.
Yes. If you would like to withdraw your appeal you may do so by contacting the Secretary to the Appeal Boards.
No. The appeal filing fee is non-refundable.