Planning Appeals and Planning Referrals
Both landowners and citizens in Manitoba have the legal right to challenge certain planning decisions to The Municipal Board, as specified in legislation, where they believe that a decision is inconsistent with local policies and plans. Planning matters are usually brought to the Board by way of an appeal by the landowner, or a referral by a group of citizen objectors, in respect of the local planning decision made. The Board also has statutory timelines within which it must conclude the matter and send its written decision and order or a report and recommendation to the local planning authority. This creates a transparent, consistent and efficient planning framework. Manitoba is in line with other jurisdictions across Canada that have adopted provincially mandated independent appeal tribunals at the local, regional and province wide level.
Further, the Municipal Board is a quasi-judicial administrative body that is arms-length from government, meaning The Board is not subject to direction by any Minister, member of the Legislative Assembly or government official with respect to its duties. The Board was established under the authority of The Municipal Board Act and performs duties assigned to it under various Acts of the Legislature. The Municipal Board is bound by legislated requirements for planning appeals and referrals. The Board reviews and adjudicates planning matters brought before it after considering all of the evidence that has been presented, and having regard to the applicable planning legislation, regulation, policies, by-laws and any other related matters.
For Planning Appeal and Planning Referral hearing procedures, please click here.
