The Ministry of Government Relations has provided a publication entitled “A Guide to the Municipal Planning Process in Saskatchewan”. For your convenience, please read below for more information regarding the permit application process. Procedure for these permit application processes are set forth by the R.M. of Sherwood in consultation with the required procedures set forth by the Ministry of Government Relations in the aforementioned publication.
A pre-application meeting is required for Development Permits. Please click here to learn more about the Pre-Application Meetings.
Development Permit Process
Development is defined by The Planning and Development Act, 2007 as “… the carrying out of any building, engineering, mining or other operations in, on or over land or the making of any material change in the use or intensity of the use of any building or land.” Where a municipality has a zoning bylaw, all development must obtain a development permit prior to beginning a project.
Most land use activities are defined as development and therefore, require a municipal development permit from a municipality with a zoning bylaw. Municipalities with zoning bylaws follow the development permit review process described below.
Development Permit Application
The applicant must contact the R.M. of Sherwood Planning & Development Department and submit a Development Permit Application to the municipality.
It is recommended by the Ministry of Government Relations and the R. M. of Sherwood that developers discuss their project with the R. M. of Sherwood Council and the Planning & Development Department prior to submitting an application in order to reduce delays throughout the application process. The development permit process is an opportunity to learn about the development, and its implications for the community, and to work with industry to promote development opportunities.
The R.M. of Sherwood has a responsibility to judge the suitability of a proposal with respect to:
- infrastructure needs (roads, sewer, water, housing, etc);
- essential community services (fire, policing, recreation, health, etc.); and,
- land use compatibility and sustainability.
Please note that every application for a development permit to construct, erect, place, alter, repair, renovate or reconstruct a building also requires the submission of a Building Permit. Please see the Building Permit page for more information.
Permitted and Discretionary Uses
The time frame for receiving a permit decision will vary depending on the amount and complexity of technical information required to assess a development. As such, it is recommended that development permit applications be submitted well in advance of the project start date. R.M. of Sherwood Development Officers will review proposals in the context of the Zoning Bylaw. A proposal may be classified in the Zoning Bylaw as:
1. Permitted Use
Where a development proposal is identified by the R. M. of Sherwood Zoning Bylaw as a permitted use, the Development Officer may be able to issue the permit provided all information and relevant forms are completed and attached.
To view the Guide on How to apply for a Development Permit, please click here.
To view the Development Permit Checklist to review with Planning Staff, please click here.
2. Discretionary Use
Where a development proposal is identified by the R. M. of Sherwood Zoning Bylaw as a discretionary use, the application must be advertised in a local newspaper pursuant to section 55 of The Planning and Development Act, 2007 and presented to Council by the Development Officer at a Council Meeting for review and decision. It is important that developers coordinate presentations with the R. M. of Sherwood Council Meetings so that Council may have a chance to gain more information and ask questions regarding their application.
To view the Guide on How to apply for a Development Permit when it is a Discretionary Use, please click here.
3. Neither Permitted nor Discretionary
Where a development proposal is not identified in the R.M. of Sherwood Zoning Bylaw as a permitted or a discretionary use, the development is prohibited. In such a case, the applicant may apply to Council for an Official Community Plan (OCP) or Zoning Bylaw amendment. Please visit the Re-zoning Applications page for more information.
Municipal Development Permit Decision
Applications that comply with the R.M. of Sherwood Official Community Plan and Zoning Bylaw must be approved. In the case of a permitted use, the Development Officer will approve the application and issue the development permit. In the case of a discretionary use, Council will render a decision on the discretionary use permit based on the criteria established in the R. M. of Sherwood Zoning Bylaw. If the permit is approved by Council, the Development Officer will issue the permit when all conditions of the approval have been met. If refused by Council, the Development Officer will provide written confirmation of the refusal and the reasons why it was refused to the applicant.
The approval of a development may be conditional and subject to R. M. of Sherwood development standards. For example; floodproofing where the land may be subject to flooding or securing an appropriate water source to service the development.
Refusal of a Development Permit
Where a permit application is refused by Council, the Development Officer will provide reasons why it was refused and did not satisfy the criteria, if applicable, outlined in the R. M. of Sherwood Zoning Bylaw. In the case of a permitted use, an avenue exists for applicants to appeal a decision to the R. M. of Sherwood Development Appeals Board (DAB), and if necessary, to the provincial Planning Appeals Committee of the Saskatchewan Municipal Board (SMB). In the case of a discretionary use, an applicant may not appeal a refusal, but may appeal conditions of an approval.
Seeking a Bylaw Amendment
Should a development not comply with R. M. of Sherwood Zoning Bylaw, the applicant may ask Council to amend its bylaw. The Planning and Development Act, 2007 allows Council to amend the Zoning Bylaw to add or update regulations, or rezone the land for development. Council, in considering the policies of the Official Community Plan and any relevant statements of provincial interest, then determines whether the Zoning Bylaw should be amended. Please visit the Re-zoning Applications page for more information.
Right of Appeal – Development Appeals Board
The decision of a municipality, concerning an existing or proposed development, may be appealed within 30 days of the Development Officer’s decision. Affected persons may appeal the decision:
- where it is alleged that the Development Officer misapplied the Zoning Bylaw in approving the proposal;
- when the Development Officer refuses to issue a development permit because the proposal contravenes the Zoning Bylaw;
- when Council approves a discretionary use (or form of development) with development standards or conditions (Note: only the standards or conditions may be appealed, not the decision to approve or refuse the development);
- where the permit was refused, approved with terms and conditions, or revoked for requiring a minor variance;
- under an Interim Development Control Bylaw, that a permit is refused, approved with terms or development standards, or not decided within 60 days;
- if a development agreement was not entered into within 90 days after the date on which the plans or drawings were submitted to the municipality; or
- if they are subject to enforcement under Section 242 of the The Planning and Development Act, 2007.
An appeal may not be made to the R. M. of Sherwood Development Appeals Board (DAB):
- when a permit is refused because a proposal contravenes the Zoning Bylaw, the proposed use is not a permitted use under the Zoning Bylaw, the use is a discretionary use, or a prohibited use under the Zoning Bylaw;
- when Council refuses to approve a re-zoning application; or
- when the decision concerns a subdivision application where Council is not designated as a subdivision approving authority under the The Planning and Development Act, 2007.
Within 20 days of the R. M. of Sherwood Development Appeals Board (DAB) decision, the applicant or R. M. of Sherwood, as the case may be, may appeal the decision to the Planning Appeals Committee, Saskatchewan Municipal Board (SMB).