3.—(1) No part of the authorised development is to commence until an EMP (Second Iteration) for that part, substantially in accordance with the EMP (First Iteration) has been submitted to and approved in writing by the Secretary of State following consultation by the undertaker with the relevant planning authority and local highway authority to the extent that the content of the EMP (Second Iteration) relates to matters relevant to their functions.
(2) The EMP (Second Iteration) must—
(a)contain a record of all the sensitive environmental features that have the potential to be affected by the construction of the authorised development;
(b)incorporate the measures referred to in the environmental statement as being incorporated in the EMP (First Iteration);
(c)require adherence to working hours of 07:00 to 19:00 on Mondays to Friday and 07:00 to 13:00 on Saturdays with no working hours on Sundays and public holidays, except for—
(i)works requiring the full or partial closure of, or otherwise adversely affecting the operation of, the M3, A33, and A34 carriageway;
(ii)works associated with the diversion or removal of existing utilities;
(iii)works associated with traffic management and signal changes;
(iv)works associated with tie-ins to existing carriageways;
(v)any emergency works, or works required for engineering, safety, or efficiency purposes;
(vi)any works for which different working hours have been agreed with parties who will or may be affected by those works and recorded in the approved EMP (Second Iteration), in which case the EMP (Second Iteration) must require adherence to those working hours; and
(vii)as otherwise agreed by the relevant planning authority in advance.
(3) The authorised development must be constructed in accordance with the approved EMP (Second Iteration).
(4) Upon completion of construction of the authorised development the EMP (Second Iteration) must be converted into the EMP (Third Iteration). The EMP (Third Iteration) must be submitted to the Secretary of State for approval within 28 days of the opening of the authorised development for public use.
(5) The authorised development must be operated and maintained in accordance with the EMP (Third Iteration) approved under paragraph (4).