Contrary to what's been stated here, unless you're turing before the endo of the TODA, the splay does not change for changes in TOD. It is assessed only from the TODA.
JAR-OPS 1.495(a)
An operator shall ensure that the net take-off flight path clears all obstacles by a vertical distance of 35 ft or by a horizontal distance of at leat 90 m plus 0.125 x D, where D is the horizontal distance the aeroplane has travelled from the end of the take-off distance available or the end of the take-off distance if a turn is scheduled before the end of the take-off distance available.
I wouldn't want to have to re-compute the splay for every takeoff.