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Any person may appeal the following development decisions made by Council or an authorized Officer of Council:
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.
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.
The Appeal Board
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 It also cannot 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.
Appeal Hearing Process
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.
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.
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.
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.
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.
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.
Contact Us
City Hall
10 New Gower Street, St. John's, NL
P.O. Box 908, St. John's, A1C 5M2
Phone: 311 or 754-CITY (2489)
Email: access@stjohns.ca
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