The Assessment and Planning Appeal Board is an independent body that provides New Brunswickers with a process for appealing decisions made in relation to land use planning and development services.This section focuses on appealing a land use planning decision, including the role of the Board and its powers. It outlines the authority of the Board, what it can order and decide on, how the public is informed of its decisions, and what powers the Board has to inspect properties.
A person, including the Provincial Planning Director, is able to appeal to the Assessment and Planning Appeal Board if they believe there was an unreasonable use of power, or there was a misapplication of the Act, a regulation under the Act, or a by-law.
There are specific time limits for appealing decisions, which vary depending upon the type of decision, permit or approval in question.
b) Orders and Decisions (Section 121)
The Assessment and Planning Appeal Board has several options regarding appeals for hardship or misapplication.
The Board may refer a matter back to a regional service commission, a council, a planning advisory committee, or the development officer who made the decision.
c) Publication of Decisions (Section 122)
The decisions the Assessment and Planning Appeal Board that are considered by the Minister to be of significance are required to be published annually.
d) Power of Inspection (Section 123)
The Assessment and Planning Appeal Board has the ability to authorize a person to enter on and inspect any property, building or structure when a matter is before the Board. Before that person enters any land, building or structure, they may apply for an entry warrant under the Entry Warrants Act.