5. PROVISIONS FOR SPECIAL CASES
| 5.1 | Unavoidable Constraints on Working Hours A CNP may be granted if it can be demonstrated to the satisfaction of the Authority that to carry out the construction work during restricted hours would cause less public annoyance or inconvenience than would be caused by carrying out the work during non-restricted hours. This provision shall apply in cases such as those in which serious interruption would be caused to road, rail or other forms of transport; or to utilities such as supply of water, gas or electricity. A CNP may also be granted for work which is governed by tidal conditions. When a CNP is granted as a result of this provision, the Authority shall ensure that the quietest practicable working methods are being employed. Conditions in the CNP may specify the carrying out of particularly quiet working methods, the use of specially silenced items of equipment, acoustic screens and other noise control measures, in cases where their use would have a beneficial effect in reducing noise levels and would be practicable. Additional CNP conditions shall restrict the use of noisy road-breaking equipment and other particularly noisy construction work during certain hours. Whenever possible, the use of such equipment or the carrying out of such construction work shall not be permitted between 2100 and 0600 hours, and the loading of spoil into trucks shall not take place between 2300 and 0600 hours. Only in very exceptional circumstances shall the carrying out of such construction work be permitted after 2300 hours or the loading of spoil after midnight. If these restrictions are not possible the CNP shall state that all care shall be taken to ensure that such construction work is carried out as quickly as possible with due regard for the potential noise intrusion which may result. |
| 5.2 | Construction Work Having Important Social Implications Where in the opinion of the Authority a CNP application is for construction work which, by virtue of its magnitude or purpose, may have significant social implications or where refusal to grant a CNP may not be in the public interest, or where the granting of a CNP might arouse considerable public concern, the Authority shall refer the matter for advice to the Secretary. In giving such advice the Secretary shall give due considerations to these factors. In such cases the Authority shall abide by any advice received from the Secretary. |
| 5.3 | Quiet Working Methods or Other Special Factors for the Use of SPME Any particularly quiet items of SPME or any special noise control measures for the use of SPME which the CNP applicant proposes to employ on the site, or any other special factors or exceptional circumstances which the applicant considers may be relevant to his application for the use of SPME, may be given special consideration by the Authority. The applicant must demonstrate to the satisfaction of the Authority that the claimed noise reduction is achievable in the form of a report submitted together with his CNP application. The report must be prepared by a person who by reason of his training and experience is competent to carry out such noise assessment. In considering such special cases the Authority may make allowances, adjustments or corrections to any of the factors in Annex A and appropriate calculation procedures may be adopted by the Authority having regard to standard acoustical principles and practices. Any CNP issued under this provision may include conditions such as details of the special noise control measures to be employed, acoustic performance specifications for such measures to be used, maximum noise levels at the NSR or at any other position and any other conditions which may be considered to be appropriate by the Authority. |
| 5.4 | Quiet Working Methods or Other Special Factors for the Carrying out of PCW A CNP may be granted for the carrying out of PCW if quiet working methods as listed in Annex C are adopted for the execution of the PCW. A CNP may also be granted for the carrying out of PCW if the Authority is satisfied that the location of work being carried out is screened by solid barriers, such as purpose-designed acoustic screens, buildings or topographical features. These barriers must act as useful acoustic screens to effectively protect the affected noise sensitive receivers. Detailed descriptions of such special factors shall be submitted in the CNP application and will be assessed by the Authority in accordance with standard acoustical principles and practices. Any CNP issued under this provision may include conditions such as details of the quiet working methods, locations at which the PCW is permitted to be carried out and any other conditions which may be considered to be appropriate by the Authority. |
