8  Design Variation Approval

8.1  Where Apparatus can only be replaced in existing locations, and as a result the Service Provider cannot meet the Specific Lighting Design Standards or the location of trees in a relevant street means the Specific Lighting Design Standards cannot be achieved, then the Service Provider may apply for consent to a variation of the Specific Lighting Design Standard by service of a notice on the Authority (the Design Variation Request).  

8.2  The Design Variation Request shall contain the following information:

(a)  in the case of Apparatus that has to remain in its existing location:

(i)  a full description of why the new Apparatus cannot be located in a new or different location and the reasons why the Specific Lighting Design Standard cannot be met;

(ii)  the extent of the area where the Specific Lighting Design Standard cannot be met;

(iii)  the extent to which the Specific Lighting Design Standard cannot be met; and

(iv)  the Service Provider's preferred design solution (including any proposed new Performance Standards) being the minimum departure from the Specific Lighting Design Standard (with at least one alternative solution) together with a statement as to why the preferred solution should be accepted;

(b)  in case of the presence and/or location of trees:

(i)  a full description of the circumstances in which the Specific Lighting Design Standards cannot be met as a result of the presence and location of trees;

(ii)  the extent of the area where the Specific Lighting Design Standard cannot be met;

(iii)  the extent to which the Specific Lighting Design Standard cannot be met; and

(iv)  the Service Provider's preferred design solution which shall comply with the criteria set out in paragraph [♦] of Method Statement 3 (Design)] (including any proposed new Performance Standards) being the minimum departure from the requirements (with at least one (1) alternative solution) together with a statement as to why the preferred solution should be accepted.

8.3  The Authority, acting reasonably, shall, within twenty (20) Business Days of receipt of a Design Variation Request, either:

(a)  reject the Design Variation Request; or

(b)  specify its preferred solution selected from those set out in the Design Variation Request and issue a notice confirming agreement to the proposed solution (the Design Variation Approval).  Such Design Variation Approval shall be copied to the Independent Certifier.

8.4  Where paragraph 8.3(a) applies, the Service Provider shall submit a further Design Variation Request with further alternative design solutions.  The Authority, acting reasonably, shall, within twenty (20) Business Days of receipt of the further Design Variation Request, either:

(a)  reject the Design Variation Request; or

(b)  specify its preferred solution selected from those set out in the Design Variation Request and issue a notice confirming agreement to the proposed solution (the Design Variation Approval).  Such Design Valuation Approval shall be copied to the Independent Certifier.

8.5  In the event that the parties cannot agree a solution, the matter shall be referred to the Dispute Resolution Procedure.

8.6  Where the Authority issues a Design Variation Approval the provisions of Schedule 16 (Change Protocol) shall apply:

(a)  as if the Design Variation Request was a Service Provider Notice of Change;

(b)  as if the Design Variation Request was accepted in accordance with paragraph 4.5 of Schedule 16 (Change Protocol); and

the variation in design shall be deemed to be a Change.  For the avoidance of doubt, paragraphs 4.7 and 4.8 of Schedule 16 (Change Protocol) shall apply and the Authority shall not be responsible for any costs incurred as a result of any redesign.