Working on a car manufacturing plant, we would like to explore if roadway lighting within the area of the plant can be extempt from the assesment.
By the local code, the roadway lighting is regulated/prescribed by the Roads Act, which specifies where the lighting has to/don't have to be placed. Since road/street lighting is a public servis, private ownerships (i.e. such as this project) are outside of the scope of the Act and the lighting is placed at the discretion of the owner. For this case, this implies that from the public roadway lighting requirements point of view, the government does not mandate the lighting.
Having said that, there are/may be other regulations that may force the owner to place the lighting anyway (i.e. due to the H&S requirements on the worksite etc). From this point of view, the roadway lighting can still be viewed as government-mandated.
My question is - is the 'government-mandated' seen only from the roadway lighting requirements perspective, or does this cover wider area/any regulation that may force the developer to install the lighting?
Glenn Heinmiller
PrincipalLam Partners
100 thumbs up
August 24, 2023 - 12:52 pm
Lenka,
This exception assumes that the government-mandated roadway lighting is lighting a public street, but is located within the LEED Project Boundary. The government is telling the property owner exactly what they have to install (or installing it themselves) and the property owner has no control over the type of lighting that will be installed.
You have a situation where the government may be requiring the property owner to light their private streets (for whatever reason). If the government is telling you just to "light the street", then you should light it in a way that complies with credit requirements. But if they require specific light levels or the use of specific luminaires -- and these would prevent you from meeting the credit requirements --- then I think you could exempt the roadway lighting.
Lenka Matějíčková
Grinity s.r.o. VAT CZ046072282 thumbs up
August 25, 2023 - 7:50 am
Hi Glenn, great, understood. Many thanks for prompt answers.