Appealing Development Decisions

Any person may appeal the following development decisions made by Council or an authorized Officer of Council:

• An application to undertake a development
• The revocation of an approval or permit to undertake a development
• The issuance of a Stop Work Order under the Development Regulations
• Any decision permitted under the Urban and Rural Planning Act, 2000

Decisions by Council to adopt, approve, or proceed with a municipal plan, development scheme, development regulations, or amendments and revisions are final and cannot be appealed.

The Appeal Board

Appeals are handled by the St. John's Local Board of Appeal. You must file an appeal within 14 days from the date of the decision made by Council or an Officer of Council.

Membership

The Appeal Board consists of five members appointed by Council. Elected or appointed officials of the City of St. John’s cannot serve on the Board. Council appoints the chairperson, while the City Clerk or a representative serves as Secretary.

Powers

The Appeal Board hears all appeals related to Development Regulations but has limited authority to overturn decisions. The Board cannot:

• Make a decision that conflicts with the Envision St. John’s Municipal Plan or Development Regulations
• Override Council’s discretionary decisions by substituting its own judgment

If you are considering an appeal, carefully review the regulations and assess the merits of your case.

How to Submit an Appeal

To file an appeal, download and submit the appeal form. You can also obtain a copy in person at Access St. John's, located on the first floor of City Hall (10 New Gower Street).

The cost to file an appeal is $115. The appeal fee is refunded when the appeal is successful. Please contact cityclerk@stjohns.ca for information on filing of appeals.

Appeal Hearing Process

Scheduling the Hearing

Once your appeal is filed, the Secretary will arrange a hearing. The regulations state that the Appeal Board must hear an appeal within 30 calendar days of filing.

For hearings that are open to the public, the City will advertise the appeal hearing for at least two weeks in advance. Additionally, property owners near the site in question will receive notification.

Attending a Hearing

The Secretary will inform the appellant (the person who filed the appeal) of the date, time, and location. Attendance is not mandatory, but you have the right to present your case. Before the hearing, the appellant will receive a copy of the City’s written submission to the Appeal Board.

Attending a Public Hearing

Public hearings may be attending by anyone who believes they may be affected by the appeal.   Those interested must confirm their attendance with the City Clerk’s Office

Hearing Proceedings

At the appeal hearing, staff represent the City of St. John’s. The appellant will have the opportunity to present their case. The Appeal Board ask questions of the appellant, City staff or other attending parties so they have a full understanding of all the issues.

Decision and Next Steps

After the hearing, the Appeal Board meets privately to deliberate and reach a decision.

The Board must issue a written decision to the City and the appellant within 14 calendar days. The decision is final and binding on all parties.

If you or the City are not satisfied with the decision, you may appeal to the Trial Division of the Supreme Court of Newfoundland and Labrador within 10 days of the decision date.