either informally accept the preliminary procedure, or in some
cases the local government provides for it in its own bylaw.

In our view since the "preliminary application" process is really
a concession to applicants and is not required or even recognized
by statute, we are Suggesting that you consider one of the
following:

(a) if in your jurisdiction the "preliminary application" is
truly an informal system and not provided by bylaw, you
should require applicants as part of the application
process, to sign an agreement in writing that subsequent
bylaw changes will have effect. The consideration for
this is the time and money saved by the applicant in
using the preliminary route, as well as the time and
effort of the Approving Officer in responding to an
"informal" application when he is under no duty to do so.
If the applicant refuses to agree and desires the
protection of S$.993 then he can make a complete
application and all the expense that that entails. It
is the applicant's choice.

if your local government has a bylaw providing for
"preliminary applications" you may wish to consider
amending it to make it a condition of proceeding on a
preliminary basis that the application contain an
agreement that subsequent bylaws wil] have effect,

In our view, applicants for subdivision ought not to have the
benefit of a risk saving and cost saving preliminary process and
at the same time enjoy the immunity contemplated by $.993. of
course anyone who makes a full and complete application for
subdivision accompanied by all plans and fees is entitled to $.993
protection.

DF2/826