APPENDIX B Design Variation Procedure

1.  The Specific Lighting Design Standards set out in Appendix A of this part 1 of Schedule 3 (Output Specification) shall not apply in the following circumstances:

1.1  where, after consultation with a [District] and the Authority agrees with the Service Provider a different Specific Lighting Design Standard is appropriate in respect of any Apparatus on the Project Network and, for the avoidance of doubt, such Specific Lighting Design Standard shall not be lower than the requirements set out in Appendix A of this part 1 of Schedule 3 (Output Specification);

1.2  where the close proximity of overhead obstacles such as power lines adversely affects the position and/or mounting height of the applicable Lighting Column;

1.3  where the lack of footways or verges restricts the positioning of Lighting Points and Lighting Columns;

1.4  where Conflict Areas are located less than 50 metres apart;

1.5  where the width of the area to be lit requires Luminaire mounting heights in excess of the applicable maximum height of a Lighting Column;

1.6  where specific planning restrictions apply;

1.7  where any Lighting Column in existence at the date of this Contract is placed more than 100 metres on the same Project Road from any other Lighting Column in existence at the date of this Contract;

1.8  where the Service Provider is only able to use lighting mounted on an electricity pole to provide the necessary lighting;

1.9  where, the position of trees on a Road Section Length affects the level of lighting achievable on such Road Section Length; and

1.10  where Apparatus can only be replaced in existing locations and as a result the Service Provider cannot meet the Specific Lighting Design Standards,

and in such circumstances the Service Provider shall be entitled to apply for a design variation notice "Service Provider Design Variation Notice".

2.  Where the Service Provider applies for a Service Provider Design Variation Notice, the Service Provider shall supply the Authority with the following supporting information:

2.1  the circumstances in paragraph 1 above which apply and the requirements of part 1 of this Schedule 3 (Output Specification) that cannot be met;

2.2  the extent of the area of the Project Network where such requirements cannot be met;

2.3  the number of Lighting Points and Lighting Columns affected;

2.4  why such requirements cannot be met; and

2.5  the preferred design solution of the Service Provider (which shall for the avoidance of doubt be a solution which represents the minimum departure from the requirements of this Contract) together with at least one (1) alternative design solution and a statement as to why the preferred solution should be accepted by the Authority.

3.  The Authority, acting reasonably, shall within twenty (20) Business Days either select the preferred design solution from those design solutions submitted by the Service Provider pursuant to paragraph 2 above and issue an approval notice "Design Approval Notice" or propose an alternative solution and issue a design variation notice "Authority Design Variation Notice".

4.  Where the Service Provider disagrees with the contents of the Authority Design Variation Notice, the Parties shall within ten (10) Business Days of issue of such Authority Design Variation Notice, meet and agree the preferred design solution and the Authority shall issue a Design Approval Notice in respect of the same.

5.  If the Parties are unable to reach agreement in accordance with paragraph 4 above then the matter shall be referred to the Dispute Resolution Procedure set out in Schedule 19.

6.  In the event that the preferred design solution is agreed or determined then the Authority shall within two (2) Business Days of the date of such agreement or determination issue a Design Approval Notice in respect of same.

7.  The Design Approval Notice shall be implemented as if the same was a Service Provider Change that has been agreed by the Authority.

8.  For the avoidance of doubt the Authority shall not be responsible for any costs incurred as a result of the design, consultation and implementation of such Design Approval Notice or Service Provider Change.