7.180 Development Permit Application Resubmissions

 

1. Where a Development Permit application has been refused, the Development Planner must not accept another application for the same purpose or activity within a Use on the same Site:
 
1.1. within 6 months of the date of a refusal by the Development Planner;
1.2. within 6 months of the date of a written decision of the Subdivision and Development Appeal Board or any other applicable appeal board on a previous application, if the previous application was appealed to, and subsequently refused by, the Subdivision and Development Appeal Board or any other applicable appeal board;
1.3. within 6 months of the date of a written decision of the Alberta Court of Appeal or the Supreme Court of Canada on the previous application, if the application has been appealed to the Alberta Court of Appeal or the Supreme Court of Canada; or
1.4. prior to the written decision of the Subdivision and Development Appeal Board, another applicable appeal board, the Alberta Court of Appeal, or the Supreme Court of Canada, if the application has been appealed to the Subdivision and Development Appeal Board, another applicable appeal board, the Alberta Court of Appeal, or the Supreme Court of Canada.
2. Despite Subsection 1, if 2 or more Development Permit applications for the same purpose or activity within a Use on the same Site have been refused by:
 
2.1. the Development Planner;
2.2. the Subdivision and Development Appeal Board or any other applicable appeal board;
2.3. the Alberta Court of Appeal;
2.4. the Supreme Court of Canada; or
2.5. any combination of the above;
the third and any subsequent Development Permit application for the same purpose and activity within a Use on the same Site must not be accepted by the Development Planner until 1 year from the date of the most recent refusal.
3. Subsections 1 and 2 do not apply to:
 
3.1. an application for a Permitted Use or a Use listed in a Direct Control Zone, if the application complies with all the regulations of this Bylaw; or 
3.2. an application that has been refused under Subsection 2.3 of Section 7.100 of this Bylaw.
4. If during the review of any Development Permit application, the Development Planner determines that Subsections 1 or 2 apply, then the application along with any submitted fees must be returned to the applicant. The application must not be considered as having been refused, but is deemed to have not been submitted.