1. The Fight Begins: Onerous Conditions on a Dream Property

The story of this case dates back to the summer of 2022. Carbert Waite lawyers Curtis Marble, FCIArb, and Lauren Garvie launched an appeal against the Rocky View Subdivision and Development Appeal Board (SDAB) over incredibly burdensome conditions placed on a development permit. These conditions drastically shrank the usable area of the property by demanding a 30-meter setback and the construction of a chain link fence right next to a CN railway line.

Initially, Carbert Waite’s Marble and Garvie appealed to the SDAB. However, in a surprising turn, the SDAB revoked the entire permit based on a new issue it introduced without prior notice. Marble and Garvie took the SDAB’s decision to the Alberta Court of Appeal, which ultimately quashed the SDAB’s ruling and ordered a complete rehearing.

2. A Game-Changer: The Court of Appeal’s Fairness Mandate

The Alberta Court of Appeal’s decision was precedent-setting. It forcefully highlights the SDAB’s duty of fairness to all parties appearing before it. The ruling also emphasizes that the SDAB cannot introduce new issues without first informing those involved in the appeal.

Crucially, the Court of Appeal clarified the SDAB’s core mission: to skillfully balance development goals with the fundamental rights of individual property owners. This means that any discretion exercised by the Board must be firmly rooted in legitimate, sound planning reasons.

3. The 2025 Rehearing: Common Sense Prevails, Unjustified Rules Removed

On July 28, 2025, the SDAB issued its rehearing decision, a monumental win. The Board firmly reasserted its authority under the Municipal Government Act. It thoroughly examined the planning context, the rural character of the area, the low-risk nature of the proposed development, and critically, the complete absence of any legal requirements supporting the original harsh conditions.

The Board unequivocally found that both the setback and fencing conditions lacked any sufficient justification. While CN’s recommendations were considered, the Board emphasized that these are merely recommendations: the recommendations of the railway do not carry regulatory weight, and should not be used to unfairly restrict land use. As a direct result, the Board dramatically reduced the setback requirement from 30 meters to 15 meters, allowing the property to be developed. The requirement for the chain link fence was removed entirely.

4. Need Help with SDAB Matters? We’re Here.

If you’re facing any Subdivision and Development Appeal Board issues and need expert assistance, our commercial litigation group is ready to provide the support you need.

Carbert Waite’s lawyers bring extensive experience in complex commercial, development, construction, and condominium disputes. We offer practical, strategic advice to help you confidently navigate the complicated legal and regulatory landscape around your development project.