SCHEDULE 2Requirements
PART 1Requirements
Construction hours
schedule 2 paragraph 13 13.—(1) Subject to sub-paragraphs (2), (3), and (4), construction works must only take place between 0700 and 1900 on weekdays and 0700 and 1330 on Saturdays (with no works on Sundays or public or bank holidays), except in the event of an emergency, unless a scheme for the carrying out of those works specifying the hours in which they may be carried out has been submitted to and approved by the relevant planning authority. Where such a scheme is approved under this requirement, the works set out in that scheme must be carried out in accordance with the approved scheme.
(2) In the event of an emergency, notification of that emergency must be given to the relevant planning authority and the relevant highway authority as soon as reasonably practicable.
(3) The following operations may where necessary continue or take place outside the working hours referred to in sub-paragraph (1)—
schedule 2 paragraph 13 3 a (a)trenchless construction techniques which cannot be interrupted;
schedule 2 paragraph 13 3 b (b)filling, testing, dewatering and drying; and
schedule 2 paragraph 13 3 c (c)commissioning of the pipeline works.
(4) Nothing in sub-paragraph (1) precludes—
schedule 2 paragraph 13 4 a (a)the receipt of oversize deliveries to site and the undertaking of non-intrusive activities;
schedule 2 paragraph 13 4 b (b)start-up and shut-down activities up to an hour either side of the stated working hours and undertaken in compliance with the CEMP;
schedule 2 paragraph 13 4 c (c)works on a traffic sensitive street where so directed by the relevant highway authority; and
schedule 2 paragraph 13 4 d (d)works to make construction sites safe in the event of extreme weather.
(5) In this requirement—
term emergency “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; and
term trenchless construction techniques which cannot be interrupted “trenchless construction techniques which cannot be interrupted” means drilling, tunnelling, boring or similar construction methods used to create an underground route for the pipeline without trenching from the surface, and includes any necessary ancillary activities to that drilling, tunnelling or boring; but does not include operations to prepare for drilling, tunnelling and boring, and specifically does not include works of excavation of pits, or works to remediate the site of pits used for drilling, tunnelling and boring.