The Ministry of Government Relations has provided a publication entitled “A Guide to the Community Planning Process in Saskatchewan” which details the planning and development processes in Saskatchewan, and will help applicants throughout the development permit process within the RM of Sherwood.
A pre-application meeting may be requested by the applicant or municipal staff. Pre-application meetings are recommended for complex and/or discretionary use developments.
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.” Most land use activities are defined as development, and therefore require a development permit in accordance with The R.M. of Sherwood’s Zoning Bylaw (Bylaw No. 18/17).
Development Permit Application
First, an applicant must submit a completed development application package, with relevant site plans, servicing plans, and clear letter of intent. If you are unsure of the requirements for your application package, please contact the Planning & Development Department at (306) 525-5237.
A strong and clearly worded letter of intent is crucial to an application package, as it is an opportunity to learn about the development, and its implications for the community. The R.M. of Sherwood will assess 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.
Permitted and Discretionary Uses
***Depending on the complexity and technical information required to assess developments, it is recommended applications be submitted in advance of the desired project start date. ***
- Permitted Use
When a development application is identified as a permitted use within a specific zoning district, the planning and development department at the R.M. may issue a development permit provided all information and relevant forms are completed and submitted to our office for review.
- Discretionary Use
Where a development proposal is identified by the R. M. of Sherwood Zoning Bylaw as a discretionary use, the application must be circulated to neighboring properties within 75m and relevant government agencies pursuant to section 55 of The Planning and Development Act, 2007. After a minimum of thirty (30) days, a report will be prepared and presented to Council for decision. Developers are encouraged to attend Council meetings regarding their application, providing an opportunity for the applicant to answer any potential questions/concerns the RM Council or meeting attendees may have about the proposed development.
Municipal Development Permit Decision
Applications that comply with the R.M. of Sherwood Official Community Plan and Zoning Bylaw must be approved prior to any development commencing. If approved, the Planning & Development Department 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 outlined in the R. M. of Sherwood Zoning Bylaw.
Refusal of a Development Permit
Where a permit application is refused by Council, the Development Officer will provide reasons why it does not satisfy the criteria. 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. 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 may appeal the decision to the Planning Appeals Committee, Saskatchewan Municipal Board (SMB).