Common use of Acceptability test Clause in Contracts

Acceptability test. The Practice Note sets out the following test for determining whether a planning agreement is acceptable and appropriate. Ku-ring-gai Council will apply the test to all planning agreements: • is the proposed planning agreement directed towards a proper or legitimate planning purpose ordinarily ascertainable from the statutory planning controls and other adopted planning policy applying to the development and the circumstances of the case? • does the proposed planning agreement provide for public benefits that bear a relationship with the development? • will the proposed planning agreement produce outcomes that meet the general values and expectation of the public and protect the overall public interest? • does the planning agreement provide for a reasonable means of achieving the relevant purposes and outcomes and securing the benefits? • does the planning agreement protect the community against planning harm?

Acceptability test. The Practice Note sets out the following test for determining whether a planning agreement is acceptable and appropriate. Ku-ring-gai Council will apply the test to all planning agreements: •  is the proposed planning agreement directed towards a proper or legitimate planning purpose ordinarily ascertainable from the statutory planning controls and other adopted planning policy applying to the development and the circumstances of the case? •  does the proposed planning agreement provide for public benefits that bear a relationship with the development? •  will the proposed planning agreement produce outcomes that meet the general values and expectation of the public and protect the overall public interest? •  does the planning agreement provide for a reasonable means of achieving the relevant purposes and outcomes and securing the benefits? •  does the planning agreement protect the community against planning harm?