Acceptability test Sample Clauses

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?
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Acceptability test. Practice Notes issued by the State government sets out an Acceptability Test for assessing whether planning obligations are appropriate under a planning agreement. The Acceptability Test ensures planning agreements:  Are directed towards proper or legitimate planning purposes, ordinarily ascertainable from the statutory planning controls and other adopted planning policies applying to development;  Provide for public benefits that bear a relationship to development that is not de minimis (that is benefits that are not wholly unrelated to development);  Produce outcomes that meet the general values and expectations of the public and protect the overall public interest;  Provide for a reasonable means of achieving the relevant purposes and outcomes and securing the benefits; and  Protect the community against planning harm.
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Acceptability test. Council will apply the following principles to assess the acceptability of the proposed Planning Agreement, including whether the agreement:
Sample 1
Acceptability test. In considering, negotiating and entering a VPA , the Council will consider whether the terms of the VPA satisfy the ‘acceptability test’ as provided by the planning note. In particular, Council will consider the following matters to determine if a proposed VPA is acceptable:
Sample 1
Acceptability test. Council’s officers will use the following test to determine whether the officer will recommend to Council that it enter into a planning agreement for proposed developments with on-site car parking deficiencies. Where Council officers determine that any of the following questions cannot be answered ‘yes’, and where an alternate proposal that meets Council’s requirements has not been negotiated, Council will not enter into the agreement. Is the planning agreement directed towards proper or legitimate planning purposes, having regard to the planning controls and policies applying to development in the Lake Macquarie Local Government Area? Will the proposed planning agreement likely produce outcomes that meet the values and expectations of the wider Lake Macquarie community, and protect the overall public interest? Does the proposed planning agreement conform to the intent, principles, and requirements of this Policy?
Sample 1
Acceptability test. This Policy requires that all planning agreements meet the acceptability test. The acceptability test requires that planning agreements:
Sample 1

Related to Acceptability test

  • Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.

  • Adaptability Does employee adapt to changing work demands? Is employee receptive to new ideas and concepts?

  • Constructability Review Prepare detailed interdisciplinary constructability review within Fourteen (14) days of receipt of the plans from the District that:

  • Acceptability of Insurance Insurance is to be placed with insurers acceptable to the City’s Risk Manager.

  • Substance Abuse Testing The Parties agree that it is in the best interest of all concerned to promote a safe working environment. The Union has no objection to pre-employment substance abuse testing when required by the Employer and further, the Union has no objection to voluntary substance abuse testing to qualify for employment on projects when required by a project owner. The cost and scheduling of such testing shall be paid for and arranged by the Employer. The Union agrees to reimburse the Employer for any failed pre-access Alcohol and Drug test costs.

  • Return to Duty Testing Any employee who has tested positive on a drug and/or alcohol test, and who was afforded the opportunity to return to work, must test negative for drugs and/or alcohol and be evaluated and released to duty by the Substance Abuse Professional before returning to work.

  • Excellent Above Average Satisfactory Needs Improvement Unsatisfactory 5 4 3 2 1 5. The instructor demonstrates knowledge of the subject matter.

  • Alcohol Testing Alcohol testing will be conducted by using an evidential breath testing device (EBT) approved by the National Highway Traffic Safety Administration. Non-EBT devices may be used for initial screening tests. A screening test will be conducted first. If the result is an alcohol concentration level of less than 0.02, the test is considered a negative test. If the alcohol concentration level is 0.02 or more, a second confirmation test will be conducted. Levels of .04 or greater on the confirmation test will be considered positive.

  • Random Testing Notwithstanding any provisions of the Collective Agreement or any special agreements appended thereto, section 4.6 of the Canadian Model will not be applied by agreement. If applied to a worker dispatched by the Union, it will be applied or deemed to be applied unilaterally by the Employer. The Union retains the right to grieve the legality of any imposition of random testing in accordance with the Grievance Procedure set out in this Collective Agreement.

  • Testing Landlord shall have the right to conduct annual tests of the Premises to determine whether any contamination of the Premises or the Project has occurred as a result of Tenant’s use. Tenant shall be required to pay the cost of such annual test of the Premises; provided, however, that if Tenant conducts its own tests of the Premises using third party contractors and test procedures acceptable to Landlord which tests are certified to Landlord, Landlord shall accept such tests in lieu of the annual tests to be paid for by Tenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Premises by Tenant or any Tenant Party. If contamination has occurred for which Tenant is liable under this Section 30, Tenant shall pay all costs to conduct such tests. If no such contamination is found, Landlord shall pay the costs of such tests (which shall not constitute an Operating Expense). Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with all Environmental Requirements. Landlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Landlord may have against Tenant.

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