3. PROVISIONS FOR SPECIAL CASES
| 3.1 | Quiet Working Methods or Other Special Factors Applications which contain sufficient details of any particularly quiet items of PME or any special noise control measures 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, may be given special consideration by the Authority. In considering such special cases the Authority may make allowances, adjustments or corrections to any of the factors in Section 2 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 or for particularly quiet items of PME 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. |
| 3.2 | Unavoidable Constraints on Working Hours A CNP may be granted even if the CNL exceeds the ANL 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 construction work during non-restricted hours. This provision shall apply in cases such as those in which serious interruption or disruption would be caused to road, rail or other forms of transport, or to utilities such as the 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 use of specially silenced items of PME, 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. |
| 3.3 | 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. |
