- What can I appeal?
- Are there decisions I cannot appeal?
- How do I file an appeal?
- How much time do I have to file an appeal?
- How much does it cost to file an appeal?
- What happens when I file an appeal?
- If I register an appeal today, when can I expect the Adjudicators to hear it?
- When will I be notified of my hearing date?
- Where will my hearing be held?
- Do I have to attend my hearing?
- What can I expect at my hearing?
- Are Appeal Hearings recorded?
- What can the Appeal Adjudicators decide?
- Will I receive the outcome of my appeal at the Hearing?
- If the appeal decision is in my favor, will I get my money back?
- If I am unsatisfied with the Adjudicators’ decision, what options are available?
- Can I withdraw my appeal?
- Is the appeal fee refundable?
1. What can I appeal?
You may appeal the following issues:
- Decisions that arise from a development application to an Authority
- Any decision made under a town/city’s development regulations, the Province’s Occupancy and Maintenance Regulations or Interim Development Regulations, 2003
- Approval or revocation of a permit
- Issuance of a stop work order or removal order
- Refusal of a building permit issued under section 194 of the Municipalities Act, 1999
- Decisions made by Service NL under the following regulations:
2. Are there decisions I cannot appeal?
The Appeal Adjudicators does not have the authority to hear matters resulting from the following:
- Council decisions regarding proposed amendments (e.g., re-zoning) to a Municipal Plan and/or Development Regulations;
- Council recommendations for the acquisition of Crown land; and
- Municipal operations (snow clearing, garbage collection, water and sewer services, etc.).
3. How do I file an appeal?
You must submit the following to the Appeal Officer when you file your appeal:
- Download Appeal Form
- Written grounds for your appeal
- A summary or copy of the decision that you are appealing
- Appeal fee ($200.00 plus HST)
You can mail or deliver your appeal to:
Appeal Officer
c\o Department of Municipal and Provincial Affairs
4th Floor, West Block, Confederation Building
P.O. Box 8700
St. John’s, NL A1B 4J6
Tel: (709) 729-3090
Fax: (709) 729-0320
4. How much time do I have to make an appeal?
An appeal must be filed with the Appeal Officer not more than fourteen (14) days after the original applicant received the decision that is being appealed (the “original applicant” being the person who submitted the application that led to the decision being appealed. The original applicant and the appellant may be different persons – this is called a third-party appeal).
5. How much does it cost to file an appeal?
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. Please note, in order to register your appeal, proof of payment must accompany your appeal form.
6. What happens when I file an appeal?
The Appeal Officer will issue a letter to you acknowledging receipt of your appeal. The Appeal Officer will notify the Authority (municipal council or Service NL) and request records and information regarding the decision being appealed. The Appeal Officer 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 Adjudicator. 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 Adjudicators 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 a hearing, the Appeal Officer will provide to the appellant, the authority and the developer with a consolidated copy of all submissions from the appellant(s), the authority, and the technical advisor to the Adjudicators.
Information is being received/collected for the purposes of preparing appeal packages in accordance with section 42 of the Urban and Rural Planning Act, 2000. Prior to the hearing of an appeal, the Department of Municipal and Provincial Affairs is unable to release information to anyone other than the appellant, the authority, and the developer to the appeal. All information submitted to the Department prior to an appeal hearing is managed in compliance with the Access to Information and Protection of Privacy Act.
7. If I register an appeal today, when can I expect the Adjudicators to hear it?
Typically, it takes two to four months from the time an appeal is registered. However, depending on the number of pending appeals with each Adjudicator, that time frame may vary.
8. When will I be notified of my hearing date?
The Appeal Officer will notify you at least seven (7) days prior to the date of your hearing via registered mail.
9. Where will my hearing be held?
Typically, appeals are heard in a central location in the region in which the appeal was filed.
10. Do I have to attend my hearing?
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 Adjudicators in person.
11. What can I expect at my hearing?
The appellant(s) and the authority make a presentation to the Adjudicators. Any interested parties may make a statements to the Adjudicators 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 may make a statement to the Adjudicators last. The Adjudicators may ask questions along the way.
12. Are appeal hearings recorded?
Yes. The Appeal Officer is responsible for recording each hearing. No other recordings are permitted.
13. What can the Appeal Adjudicators decide?
The Adjudicators considers how and why the Authority made the decision under appeal. In doing so, the Adjudicators reviews whether the Authority complied with all applicable legislation, policies and regulations when it made the decision under appeal.
The Adjudicators may confirm, reverse or vary the decision appealed and may impose those conditions that the Adjudicators 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.
14. How will I be notified of the Adjudicators’ Decision?
The Adjudicators considers all the evidence at the Hearing and endeavors to provide a written decision to all the official parties of an appeal (The appellant, the authority, and, in the case of a third party appeal, the proponent or property owner of the subject development) within twenty-one (21) days of the hearing.
As appeal hearings are open to the public, interested persons or organizations may attend. Interested parties can monitor the website where hearing details and decisions are posted, or contact the Appeal Officer regarding decisions.
Previous Adjudicators’ decisions can be found here.
15. If the Adjudicators’ decision is in my favour, will I get my money back?
In its decision, the Adjudicators 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).
16. If I am unsatisfied with the Adjudicators’ decision, what options do I have?
You may appeal the Adjudicators’ decision to the Supreme Court of Newfoundland and Labrador within ten (10) days of the appellant receiving the decision.
17. Can I withdraw my appeal?
Yes. An appeal may be withdrawn at anytime by contacting the Appeal Officer. Please note, once the appeal fee is paid, it cannot be refunded.
18. Is the appeal fee refundable?
No. The appeal filing fee is non-refundable.