7.190 Validity, Expiry and Cancellation of Development Permits

1.1. The date of Development Permit issuance is:
 
1.1.1. the date the Development Planner approved the Development Permit application;
1.1.2. in the case of an appeal to the Subdivision and Development Appeal Board or any other applicable appeal board:
 
1.1.2.1. the date the Subdivision and Development Appeal Board or the applicable appeal board issues a written decision approving the Development Permit; or
1.1.3. in the case of an appeal or leave to appeal to the Court of Appeal:
 
1.1.3.1. the date that the Court of Appeal issues its decision, and
1.1.3.2. any appeal of the Court of Appeal decision to the Supreme Court of Canada has been determined.

 

2.1. A Development Permit issued by the Development Planner is not valid until:
 
2.1.1. any conditions of approval, except those of a continuing nature, have been fulfilled; and
2.1.2. the time for filing a notice of appeal to the Subdivision and Development Appeal Board or any other applicable appeal board as specified in Section 7.170 has passed.
2.2. A Development Permit issued by the Subdivision and Development Appeal Board or any other applicable appeal board is not valid until any conditions of approval, except those of a continuing nature, have been fulfilled.
2.3. A Development Permit issued on the basis of incorrect information contained in the application is invalid.
2.4. The Development Planner must suspend a Development Permit upon receipt of a filed notice of appeal to the City of Edmonton from the Subdivision and Development Appeal Board or any other applicable appeal board in compliance with Section 7.170. The Development Permit remains suspended until:
 
2.4.1. the Subdivision and Development Appeal Board or the applicable appeal board issues a decision and the time for filing a leave to appeal application to the Alberta Court of Appeal has passed without a leave to appeal being filed;
2.4.2. the Alberta Court of Appeal denies leave to appeal and any appeal from that denial has been determined;
2.4.3. the Alberta Court of Appeal has granted leave to appeal, heard the merits of the appeal, made its decision, and any appeal to the Supreme Court of Canada from that decision of the Alberta Court of Appeal has been determined; or
2.4.4. the appeal is otherwise resolved.

 

3.1. A Development Permit remains in effect until:
 
3.1.1. it expires, in cases where it was issued for a limited period of time;
3.1.2. it expires, because of failure to commence development in compliance with Subsection 4.1 or Subsection 4.2;
3.1.3. it is cancelled, in compliance with Subsection 6.1; or
3.1.4. it is suspended in compliance with Subsection 2.4.
3.2. Where a Development Permit has been issued for a Site, or a development that is exempt from a Development Permit under Section 7.120 has commenced, any previous Development Permits for that Site are considered expired if: 
 
3.2.1. the physical aspects of the developments cannot exist at the same time; or
3.2.2. the Uses in both developments cannot operate at the same time on that Site, in compliance with the regulations of this Bylaw.

 

4.1. Where a Development Permit is for a change of Use, or a change of intensity of Use, and no significant construction is required:  
 
4.1.1. development must commence within 1 year of the date of issuance of the Development Permit;
4.1.2. for the purposes of Subsection 4.1.1, development commences when the Use is established or begins operation.
 
4.2. Where a Development Permit is for construction, construction combined with a change of Use, or construction combined with a change of intensity of Use:  
 
4.2.1. development must commence within:
 
4.2.1.1. 1 year of the date of issuance of the Development Permit for a Residential Use in the form of a Home Based Business, Residential Sales Centre, Duplex Housing, Backyard Housing, Secondary Suite, Semi-detached Housing, or Single Detached Housing; or
4.2.1.2. 2 years of the date of issuance of a Development Permit for any Use not listed in 4.2.1.1;
4.2.2. for the purpose of Subsection 4.2.1, development commences when the Site is altered in a way that advances the development in compliance with the Development Permit;
4.2.3. without restricting the generality of Subsection 4.2.2, development commences when the Site is altered through excavation or preparation in anticipation of construction under the Development Permit. The Site is not considered to be altered by any of the following:
 
4.2.3.1. Fencing a Site where a Development Permit is not required for a Fence, installing Signs, obtaining any permit other than a building permit, or conducting minor interior demolition;
4.2.3.2. obtaining information in compliance with this Bylaw; and
4.2.3.3. any development that occurs without a building permit where a building permit is required for the development.

 

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4.3. Despite Subsection 4.2.1.1:  
 
4.3.1. if a building permit application is submitted; and
4.3.2. the appropriate building permit fee is paid within the 1 year period,
the Development Permit does not expire, until the building permit application or approved building permit is cancelled or expires.
 
4.4. Despite Subsection 4.2.1.2:  
 
4.4.1. if a building permit application is submitted; and
4.4.2. the appropriate building permit fee is paid within the 2 year period,
the Development Permit does not expire, until the building permit application or approved building permit is cancelled or expires.
 

 

5.1. At the request of the applicant, the Development Planner may extend the date that the development must commence as specified in this Bylaw if:
 
5.1.1. the Development Permit does not include a change of Use or a change of intensity of Use;
5.1.2. the required application fee is paid; and
5.1.3. no more than 1 extension has previously been granted for the Development Permit.
5.2. For the purposes of Subsection 5.1, the length of the extension must comply with the following:
 
5.2.1. for a Development Permit that must commence within 1 year as specified in Subsection 4.2.1.1, the length of the extension must not exceed 1 additional year; and
5.2.2. for a Development Permit that must commence within 2 years as specified in Subsection 4.2.1.2, the length of the extension must not exceed 2 additional years.

 

6.1. The Development Planner may cancel a Development Permit if:
 
6.1.1. any person undertakes development on a Site contrary to the Development Permit;
6.1.2. any person causes or allows any development to take place on a Site contrary to the Development Permit;
6.1.3. the application for the Development Permit contained a material misrepresentation;
6.1.4. material facts were not disclosed at any time during the application process for the Development Permit;
6.1.5. the Development Permit was issued as a result of a material error; or
6.1.6. the property owner provides a written request for cancellation to the Development Planner.
6.2. Despite Subsections 6.1.1 through 6.1.5, the Development Planner must not cancel a Development Permit that 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, until a decision is issued or the appeal is otherwise resolved.
6.3. Notice of the Development Planner’s decision to cancel the Development Permit must be provided in writing to the property owner, and to the applicant of the Development Permit. The notice must state the reasons for the cancellation of the Development Permit.
6.4. Any person who undertakes development, or causes or allows any development to take place, after a Development Permit has been cancelled must discontinue or cause the discontinuance of such development immediately and must not resume such development until a new Development Permit application has been approved and is valid in accordance with Subsection 2.