Nature of Draft Planning Agreement Sample Clauses

Nature of Draft Planning Agreement. The Draft Planning Agreement is a planning agreement under s 93F of the Environmental Planning and Assessment Xxx 0000 (Act). The Draft Planning Agreement is a voluntary agreement under which the Developer is to construct the Cinema and make it available to Council and the local community of Kempsey in order to confer a material public benefit on the community. Effect of the Draft Planning Agreement The Draft Planning Agreement:  relates to the carrying out by the Developer of development on the Land,  does not exclude the application of s 94 and s 94A of the Act to the Development,  does not exclude the operation of s 94EF of the Act to the Development,  provides that specified Developer’s obligations and Council’s obligations under the Draft Planning Agreement do not apply until specified conditions precedent have been satisfied;  provides that if the Commonwealth Grant Funding Deed is terminated before the Developer commences construction of the Cinema then either party may terminate the planning agreement,  provides that the Developer’s obligations under the Draft Planning Agreement will be accepted by Council in full satisfaction of the monetary contributions required under s 94 of the Act in respect of the Development;  provides that in consideration of the provision made by the Developer under the Draft Planning Agreement, the Council has determined that no preconditions apply to the granting of a certificate of compliance by the Council for the Development under s306 of the WM Act,  requires the registration of the Public Positive Covenant,  requires a cinema to be constructed by the Developer and in operation by a certain date and made available for community use,  allows the Developer to occupy and use certain Council owned and controlled land for the construction of the cinema if it obtains all approvals necessary and provided it doesn’t contravene any applicable law and pays any required fees,  requires the Developer to commit to the ongoing provision of the Cinema and the associated community uses as enduring benefits to serve the recreational needs of the local community of Kempsey,  is to be registered on the title to the Land if the Developer obtains the consent of the holders of all registered interests in the Land ,  imposes restrictions on the Developer transferring the Land or part of the Land or assigning an interest under the agreement,  requires the Developer to provide suitable enforcement mechanisms for the benefit of...
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Nature of Draft Planning Agreement. The Draft Planning Agreement is a planning agreement under s93F of the Environmental Planning and Assessment Xxx 0000 (Act). Effect of the Draft Planning Agreement The draft planning agreement provides for the design, construction, landscaping and dedication to the Council of the roadworks identified, and (subject to clause 9 of the Planning Agreement) dedication to the Council free of cost of the Internal Roads to the extent located on the Land as shown on the Site Detail Plan. The draft planning agreement also provides for the payment of monetary contributions towards the cost of the upgrading of Old Wallgrove Road and Archbold Road and certain stormwater drainage works in certain circumstances. Assessment of the Merits of the Draft Planning Agreement The Planning Purposes Served by the Draft Planning Agreement The draft planning agreement provides for the provision of infrastructure: • to meet the demands generated by the Development for new public infrastructure, and • to mitigate the potential impacts of the Development. The draft planning agreement will: • provide for appropriate management of potential environmental impacts arising from the Development, • enable the subject land to be developed in a timely and efficient manner to promote economic development and employment opportunities, and • provide for the dedication of land for public purposes. How the Draft Planning Agreement Promotes the Public Interest The Draft Planning Agreement promotes the public interest by promoting the objects of the Act as set out in s5(a)(i), (ii) and (iv) of the Act. For Planning Authorities: Development Corporations - How the Draft Planning Agreement Promotes its Statutory Responsibilities N/A Other Public Authorities – How the Draft Planning Agreement Promotes the Objects (if any) of the Act under which it is Constituted N/A Councils – How the Draft Planning Agreement Promotes the Elements of the Council’s Charter The draft planning agreement promotes the following two elements of the Council’s Charter under s8(1) of the Local Government Xxx 0000: • To provide directly or on behalf of other levels of government, after due consultation, adequate, equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively. This element of the Council’s Charter is promoted through the provision of public roads for the precinct. • To properly manage, develop, protect, restore, enhance and...
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Nature of Draft Planning Agreement. The Draft Planning Agreement identifies a project with community benefit and a demonstrated link to the Development to which the required contribution can be applied and provides for the payment of that contribution. Effect of the Draft Planning Agreement The Draft Planning Agreement:  relates to the carrying out of the Development by the Developer;  provides for a funding contribution of $880,000 to assist with the embellishment of Lot 1 Sec 39 DP 758590, known as Booth Park Kurri Kurri, for the public purpose of a netball facility; and
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Nature of Draft Planning Agreement. The Draft Planning Agreement is a planning agreement under s7.4 of the Environmental Planning and Assessment Act 1979 (Act). The Draft Planning Agreement is a voluntary agreement under which Development Contributions are made by the Developer for various public purposes (as defined in s7.4(3) of the Act).
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Nature of Draft Planning Agreement. The Draft Planning Agreement is a planning agreement under s7.4 of the Environmental Planning and Assessment Xxx 0000 (Act). The Draft Planning Agreement is a voluntary agreement under which Development Contributions (as defined in clause 1.1 of the Draft Planning Agreement) are made by the Developer for various public purposes (as defined in s7.4(3) of the Act). Effect of the Draft Planning Agreement The Draft Planning Agreement:  relates to the carrying out by the Developer of development on the Land,  excludes the application of s7.11 of the Act to the Development,  excludes the application of s7.12 of the Act to the Development,  requires the dedication of land by the Developer,  requires monetary Development Contributions,  imposes restrictions on the Developer transferring the Land or part of the Land or assigning an interest under the agreement,  provides two dispute resolution methods for a dispute under the agreement, being expert determination and mediation,  provides that the agreement is governed by the law of New South Wales, and  provides that the A New Tax System (Goods and Services Tax) Xxx 0000
Sample 1
Nature of Draft Planning Agreement. The draft Planning Agreement is an agreement under s 7.4(1)(b) of the Environmental Planning and Assessment Act 1979 (Act). The draft Planning Agreement is a voluntary agreement under which Development Contributions (as defined in clause 11 and Schedule 1 of the draft Planning Agreement) are made by the Developer for various public purposes (as defined in s7.4(2) of the Act). Effect of the draft Planning Agreement The draft Planning Agreement: ▪ relates to the carrying out by the Developer of Development on the Development Site, ▪ requires the Developer to provide the Development Contribution; ▪ is to be registered on the title to the Development Site; ▪ imposes restrictions on the Parties assigning an interest under the agreement, ▪ provides two dispute resolution methods for a dispute under the agreement, being expert determination and mediation; ▪ provides that the agreement is governed by the law of New South Wales. Assessment of the Merits of the draft Planning Agreement The Planning Purposes Served by the draft Planning Agreement The draft Planning Agreement: ▪ promotes and co-ordinates the orderly and economic use and development of the land to which the agreement applies; ▪ addresses the need for waste and resource recovery infrastructure to meet the projected demand associated with future development activities within the Aerotropolis and surrounding areas; ▪ provides an environmentally beneficial means of dealing with non-putrescible solid wastes by recycling waste received and contributing to meeting of NSW government recycling targets; ▪ provides ongoing employment of about 70 people (FTE) once at full production; and ▪ facilitates the money for the public purposes. How the draft Planning Agreement promotes the Public Interest The draft Planning Agreement promotes the Public Interest by addressing and promoting the objects of the Act as set out in s1.3.
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Related to Nature of Draft Planning Agreement

  • CONDITIONAL NATURE OF AGREEMENT Notwithstanding any provision of this Agreement to the contrary, all obligations of the State hereunder, including, without limitation, the continuance of payments hereunder, are contingent upon the availability and continued appropriation of funds affected by any state or federal legislative or executive action that reduces, eliminates or otherwise modifies the appropriation or availability of funding for this Agreement and the Scope for Services provided in EXHIBIT B, in whole or in part. In no event shall the State be liable for any payments hereunder in excess of such available appropriated funds. In the event of a reduction or termination of appropriated funds, the State shall have the right to withhold payment until such funds become available, if ever, and shall have the right to reduce or terminate the Services under this Agreement immediately upon giving the Contractor notice of such reduction or termination. The State shall not be required to transfer funds from any other account or source to the Account identified in block 1.6 in the event funds in that Account are reduced or unavailable.

  • Nature of Agreement You understand and agree that this letter agreement is a severance agreement and does not constitute an admission of liability or wrongdoing on the part of the Company.

  • INDIVIDUAL SERVICES AGREEMENT (“ISA”) This Agreement shall include an ISA developed for each student to whom CONTRACTOR is to provide special education and/or related services. An ISA shall only be issued for students enrolled with the approval of the LEA pursuant to Education Code section 56366 (a)(2)(A). An ISA may be effective for more than one contract year provided that there is a concurrent Master Contract in effect. In the event that this Master Contract expires or terminates, CONTRACTOR, shall continue to be bound to all of the terms and conditions of the most recent executed ISAs between CONTRACTOR and LEA for so long as CONTRACTOR is servicing authorized students. Any and all changes to a student’s educational placement/program provided under this Master Contract and/or an ISA shall be made solely on the basis of a revision to the student’s IEP or by written agreement between the parent and LEA. At any time during the term of this Master Contract, a student’s parent, CONTRACTOR, or XXX may request a review of a student’s IEP subject to all procedural safeguards required by law. Unless otherwise provided in this Master Contract, the CONTRACTOR shall provide all services specified in the IEP unless the CONTRACTOR and the LEA agree otherwise in the ISA. (California Education Code sections 56366(a) (5) and 3062(e)). In the event the CONTRACTOR is unable to provide a specific service at any time during the life of the ISA, the CONTRACTOR shall notify the LEA in writing within five (5) business days of the last date a service was provided. CONTRACTOR shall provide any and all subsequent compensatory service hours awarded to student as a result of lack of provision of services while student was served by the NPS/A. If a parent or LEA contests the termination of an ISA by initiating a due process proceeding with the OAH, CONTRACTOR shall abide by the “stay-put” requirement of state and federal law unless the parent agrees otherwise or an Interim Alternative Educational Setting is deemed lawful and appropriate by XXX or OAH consistent with Section 1415 (k)(1)(7) of Title 20 of the United States Code. CONTRACTOR shall adhere to all LEA requirements concerning changes in placement. Disagreements between XXX and CONTRACTOR concerning the formulation of an ISA or the Master Contract may be appealed to the County Superintendent of Schools of the County where the LEA is located, or the State Superintendent of Public Instruction pursuant to the provisions of California Education Code section 56366(c) (2).

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