27.—(1) Construction work relating to the authorised development must not take place on bank holidays nor otherwise outside the hours of—
(a)0700 to 1900 hours on Monday to Friday; and
(b)0800 to 1300 hours on a Saturday.
(2) Delivery or removal of materials, plant and machinery must not take place on bank holidays nor otherwise outside the hours of—
(a)0800 to 1800 hours on Monday to Friday; and
(b)0800 to 1300 hours on a Saturday.
(3) The restrictions in sub-paragraphs (1) and (2) do not apply to construction work or the delivery or removal of materials, plant and machinery, where these—
(a)do not exceed a noise limit measured at the Order limits and which must be first agreed with the relevant planning authority in accordance with Requirement 28(1);
(b)are carried out with the prior approval of the relevant planning authority; or
(c)are associated with an emergency.
(4) The restrictions in sub-paragraph (2) do not apply to the delivery of abnormal indivisible loads, where this is—
(a)associated with an emergency; or
(b)carried out with the prior approval of the relevant planning authority.
(5) Sub-paragraph (1) does not preclude—
(a)a start-up period from 0630 to 0700 and a shut-down period from 1900 to 1930 Monday to Friday and a start-up period from 0630 to 0700 and a shut-down period from 1300 to 1330 on a Saturday; or
(b)maintenance at any time of plant and machinery engaged in the construction of the authorised development.
(6) In this Requirement “emergency” means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individuals, classes or generally as the case may be) of taking that action.
Commencement Information
I1Sch. 2 para. 27 in force at 29.12.2022, see art. 1