Development process 101: who makes the decisions?
Just the Facts
By Mary Lou Davis
Have you ever thought about building an addition to your home, adding a suite or putting a new garage on your property? Are you baffled by the complexity of who can be involved in a commercial development approval? Did you know that of the approximately 200 development permits issued by the development officer for the Town of Cochrane, less than 10 per cent are appealed?
I invite you to follow my column over the next few weeks and save each installment so that you can refer back to the facts as we progress through the development process.
This series is intended to help people understand that there is a process, there are laws that must be adhered to and there is an authority that directs town staff and council in their roles. I will be reviewing who has responsibility on these issues and in a later column will take you through a mock development to help clarify the process an applicant goes through to get their development application approved, or not.
The starting point is to know that there is going to be numerous people involved in any development application. Other than town staff, who can answer questions throughout the application process and issue you a permit, there are also committees of council involving members of the public and councillors that may have a say in what you are allowed to do. The general public, depending on their status in relation to the application of development, may also get involved during a public hearing or an appeal.
The town has statutory documents that dictate and are referred to in all zoning, subdivision and development approvals. These can include area structure plans, the Municipal Development Plan, the Land Use Bylaw, the Area Redevelopment Plans, Western Heritage Design Guidelines and possibly the Intermunicipal Development Plan.
As you can see, there is no simplifying this process except to rely on the knowledge and expertise of town staff to direct you every step of the way. Bring a notebook when meeting with the development authority and always ask, “What should I do next?” I have been through this process myself, four times in two different cities as a member of the public. No two experiences were identical.
Let’s begin by finding out which committees are involved in the development process whether a subdivision approval, a zoning change, a commercial development or the addition of a garage to an existing residential property.
There is currently a list of 18 committees on the town website (www.cochrane.ca). Of these 18, there are five that may be consulted for input on a decision regarding a development, subdivision or zoning application. These are the Cochrane Planning Commission (CPC), the Subdivision Development Appeal Board (SDAB), the Cochrane Environmental Committee and the Area A and Area B task forces depending on the location of a proposed development. Other committees may be asked for input if the development affects their area of responsibility.
The make up of a committee is determined by the Municipal Government Act (MGA) and/or councillors as stated in their Procedural Bylaw. Vacancies on committees are advertised by the town. Once applications are received and the posting is closed, potential members have an interview with the mayor and one member of the committee, an informal chance for the applicant to ask questions about the committee as well as for the mayor and committee member to question the applicant. I was not told the purpose of the interview when I applied for a committee and can only assume that the mayor would give feedback to council, on each candidate, prior to council voting in members of committees. Review of applications takes place at an “in camera” session of council to protect the privacy of applicants and the vote takes place in public at a council meeting.
With regards to the development process, the MGA states that a council must, by bylaw, establish a sub-division authority and a development authority. This authority can be a designated officer (development officer/staff), a municipal planning commission (CPC), or any other person or organization. Council must also establish an appeal board (SDAB) which the majority cannot be made up of council, cannot include an employee of the municipality or a member of the planning commission. These three bodies make up Cochrane’s development authorities.
I will next review the responsibility of the development officer and the committees that make up the balance of the development authority. To understand why these committees play a part in this process you need to know who the committee is made up of, what power it has and by what authority they are governed. In the following weeks I will explain what is required of the applicant and opportunities for the general public to participate. I will then map out a mock residential development and the appeal process that follows when someone does not agree with a decision.
Mary Lou Davis, a former Cochrane town councillor, offers insight into how the town works.

