7  Authority's right to approve certain matters pursuant to the Output Specification2

7.1  Notwithstanding any other provision of this Schedule 7, the Service Provider shall obtain the Authority's prior written consent, (not to be unreasonably withheld or delayed) to the design, certification and performance proposals put forward by the Service Provider in the following circumstances:

(a)  pursuant to paragraph [4.20(f)] of the Output Specification, in respect of the aesthetics and appearance of all Apparatus to be replaced or installed in any heritage area (as designated by the Authority) or Conservation Area, or in, on, or about any listed building, civic building, monument, place of worship or other place or location requiring special treatment lighting;

(b)  pursuant to paragraph [4.20(p)] of the Output Specification where the Service Provider proposes to procure temporary energy connections and/or disconnections to the Apparatus;

(c)  pursuant to paragraphs [5.5(e), 5.5(f), 5.8(d) and 5.10(d)] of the Output Specification, where the Service Provider proposes to install or renew existing street lighting in Town Centres, Conservation Areas or car parks which is of a special design in terms of aesthetic appearance and is identified in [the Mayrise Database] [Part 3 of Appendix 7 of the Output Specification] with Apparatus of a lower appearance or quality;

(d)  pursuant to paragraph [5.12(a)] of the Output Specification where the Service Provider proposes to carry out works of repair [in a Private Road]; or

(e)  pursuant to paragraph [5.12(c)] of the Output Specification, where the Service Provider proposes to replace non-standard style lighting solutions in situ in Private Roads with Apparatus which is not of a similar appearance and equivalent quality.

7.2  The Authority shall, in writing, either consent or withhold its consent within twenty (20) Business Days (unless a consultation period with third parties is necessary, in which case the period shall be as agreed between the parties but shall not be more than forty (40) Business Days) of submission of the written proposal by the Service Provider together with all relevant documentation.

7.3  Any failure by the Authority to respond within the time limits set out in paragraph 7.2 (provided that the Service Provider has replied to all reasonable queries and provided all information reasonably requested by the Authority) shall be deemed to be an approval of the Service Provider's proposal and the Service Provider may proceed to implement its proposal immediately.

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2   Cross references to the Output Specification are to be checked on a project specific basis.