120(1)Subject to subsection (2), a person, including the Director, may appeal to the Board if the person alleges that
(a)
the terms and conditions imposed on or the prohibiting of the person’s development in accordance with paragraph 53(3)(c), the refusal to grant an approval for the person’s development under paragraph 108(1)(a), (b) or (c) or the refusal to grant the person a permit under this Act or the terms and conditions attached to a permit,
(i)
resulted from
(A)
the unreasonable use of powers referred to in paragraph 53(3)(c), or
(B)
the misapplication of this Act or a by-law or regulation under this Act, or
(ii)
would cause the person special or unreasonable hardship not subject to alleviation under section 55 or 78 or for which alleviation was unreasonably refused;
(b)
the approval of another person’s development or the granting of a permit under this Act to the person
(i)
resulted from the misapplication of this Act or a by-law or regulation under this Act, or
(ii)
would cause that person special or unreasonable hardship by reason of the effect of the proposed development on the person’s land, building or structure;
(c)
standards prescribed by a council under section 61, or the proposed action of a council under this Act,
(i)
are unnecessary for the protection of the best interests of the local government, or
(ii)
would cause the person unreasonable hardship; or
(d)
the refusal of the development officer to approve a tentative plan under paragraph 77(1)(j), a subdivision plan under paragraph 77(1)(k), an instrument for registration in the land registration office under paragraph 77(1)(l), or to exempt an instrument under section 80, resulted from the misapplication of this Act or a subdivision by-law under this Act.
120(2)Except where the Board decides there are insufficient grounds for hearing an appeal, the Board shall hear and determine all appeals under subsection (1).
120(3)The time limit for making an appeal under subsection (1) is
(a)
under paragraph (1)(a), 60 days from,
(i)
subject to subparagraph (ii), the giving of the decision on the application; or
(ii)
if terms and conditions are attached to the permit appealed, the date the permit was issued,
(b)
under paragraph (1)(b), ten days from the date of posting of the permit or approval under subsection 108(3),
(c)
under paragraph (1)(c), ten days from the giving of notice of the prescribed standards or proposed action, or
(d)
under paragraph (1)(d), 60 days from the date of the refusal referred to in that paragraph.
120(1)Subject to subsection (2), a person, including the Director, may appeal to the Board if he or she alleges that
(a)
the terms and conditions imposed or the prohibition of his or her development in accordance with paragraph 53(3)(c), the refusal to approve his or her regional or other development in accordance with subsection 20(1) or paragraph 108(1)(a) or (b) or the refusal to grant him or her a permit under this Act or the terms and conditions attached to a permit,
(i)
resulted from
(A)
the unreasonable use of powers referred to in paragraph 53(3)(c), or
(B)
the misapplication of this Act or a by-law or regulation under this Act, or
(ii)
would cause him or her special or unreasonable hardship not subject to alleviation under section 55 or 78 or for which alleviation was unreasonably refused;
(b)
the approval of another person’s regional or other development or the granting of a permit under this Act to the person
(i)
resulted from the misapplication of this Act or a by-law or regulation under this Act, or
(ii)
would cause that person special or unreasonable hardship by reason of the effect of the proposed regional or other development on his or her land, building or structure;
(c)
standards prescribed by a council under section 61, or the proposed action of a council under this Act,
(i)
are unnecessary for the protection of the best interests of the local government, or
(ii)
would cause him or her unreasonable hardship; or
(d)
the refusal of the development officer to approve a tentative plan under paragraph 77(1)(j), a subdivision plan under paragraph 77(1)(k), an instrument for registration in the land registration office under paragraph 77(1)(l), or to exempt an instrument under section 80, resulted from the misapplication of this Act or a subdivision by-law under this Act.
120(2)Except where the Board decides there are insufficient grounds for hearing an appeal, the Board shall hear and determine all appeals under subsection (1).
120(3)The time limit for making an appeal under subsection (1) is
(a)
under paragraph (1)(a), 60 days from,
(i)
subject to subparagraph (ii), the giving of the decision on the application; or
(ii)
if terms and conditions are attached to the permit appealed, the date the permit was issued,
(b)
under paragraph (1)(b), ten days from the date of posting of the permit or approval under subsection 108(3),
(c)
under paragraph (1)(c), ten days from the giving of notice of the prescribed standards or proposed action, or
(d)
under paragraph (1)(d), 60 days from the date of the refusal referred to in that paragraph.
120(1)Subject to subsection (2), a person, including the Director, may appeal to the Board if he or she alleges that
(a)
the terms and conditions imposed or the prohibition of his or her development in accordance with paragraph 53(3)(c), the refusal to approve his or her regional or other development in accordance with subsection 20(1) or paragraph 108(1)(a) or (b) or the refusal to grant him or her a permit under this Act or the terms and conditions attached to a permit,
(i)
resulted from
(A)
the unreasonable use of powers referred to in paragraph 53(3)(c), or
(B)
the misapplication of this Act or a by-law or regulation under this Act, or
(ii)
would cause him or her special or unreasonable hardship not subject to alleviation under section 55 or 78 or for which alleviation was unreasonably refused;
(b)
the approval of another person’s regional or other development or the granting of a permit under this Act to the person
(i)
resulted from the misapplication of this Act or a by-law or regulation under this Act, or
(ii)
would cause that person special or unreasonable hardship by reason of the effect of the proposed regional or other development on his or her land, building or structure;
(c)
standards prescribed by a council under section 61, or the proposed action of a council under this Act,
(i)
are unnecessary for the protection of the best interests of the local government, or
(ii)
would cause him or her unreasonable hardship; or
(d)
the refusal of the development officer to approve a tentative plan under paragraph 77(1)(j), a subdivision plan under paragraph 77(1)(k), an instrument for registration in the land registration office under paragraph 77(1)(l), or to exempt an instrument under section 80, resulted from the misapplication of this Act or a subdivision by-law under this Act.
120(2)Except where the Board decides there are insufficient grounds for hearing an appeal, the Board shall hear and determine all appeals under subsection (1).
120(3)The time limit for making an appeal under subsection (1) is
(a)
under paragraph (1)(a), 60 days from,
(i)
subject to subparagraph (ii), the giving of the decision on the application; or
(ii)
if terms and conditions are attached to the permit appealed, the date the permit was issued,
(b)
under paragraph (1)(b), ten days from the date of posting of the permit or approval under subsection 108(3),
(c)
under paragraph (1)(c), ten days from the giving of notice of the prescribed standards or proposed action, or
(d)
under paragraph (1)(d), 60 days from the date of the refusal referred to in that paragraph.