{
  "url": "https://openlegislation.uk/a46-newark-bypass-development-consent-order-2025/schedule-2/paragraph-5",
  "json_url": "https://openlegislation.uk/a46-newark-bypass-development-consent-order-2025/schedule-2/paragraph-5.json",
  "legislation": "uksi/2025/1090",
  "legislation_title": "The A46 Newark Bypass Development Consent Order 2025",
  "legislation_url": "https://openlegislation.uk/a46-newark-bypass-development-consent-order-2025",
  "path": "schedule/2/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Construction hours",
  "text": "(1) Construction work for the authorised development must only take place between 0700 hours and 1800 hours Monday to Friday, and 08:00 hours to 13:00 hours on Saturdays, with no activity on Sundays or bank holidays, except as specified in sub-paragraphs (2), (3), (4) and (5).\n(2) Except where they relate to the activities specified in sub-paragraphs (3) and (4), the following activities may not take place between the hours of 07:00 and 07:30—\n(a) starting or use of construction plant;\n(b) loading and unloading of construction vehicles; and\n(c) delivery of materials.\n(3) Outside the hours and days specified in sub-paragraph (1), construction work may be undertaken with the prior written consent of the relevant planning authority for activities comprising—\n(a) bridge installation works to the new bridge structures;\n(b) removal of the existing signal gantries and the installation of new gantry structures;\n(c) highway tie-in works and installation of temporary and permanent road markings;\n(d) installation of signs and streetlights adjacent to live carriageways;\n(e) abnormal load deliveries or deliveries where daytime working would be excessively disruptive to normal traffic operation, including the delivery of plant; or\n(f) construction of the Nether Lock Rail Bridge and the works over the Nottingham to Lincoln line.\n(4) Outside the hours and days specified in sub-paragraph (1), the undertaker may carry out activities comprising—\n(a) traffic management measures and signal changes;\n(b) any emergency works or operations required for safe working;\n(c) security;\n(d) maintenance of plant and equipment that require 24-hour operation such as dewatering pumps;\n(e) completion of activities already begun which require continuous period of operation, such as completing concrete pouring; or\n(f) environmental and engineering surveys may be carried out outside of core working hours.\n(5) Outside the hours and days specified in sub-paragraph (1), the undertaker will consult with the relevant planning authority prior to carrying out certain operations which are season and weather dependent including but not limited to earthworks.\n(6) Outside the hours and days specified in sub-paragraph (1), the undertaker may with the prior written consent or deemed consent under sub-paragraph (7) of the relevant planning authority carry out activities (including but not limited to those works set out in sub-paragraph (3)) assessed in the environmental statement or activities which would not give rise to new or materially different effects from those assessed in the environmental statement which do not fall within sub-paragraph (4).\n(7) If the relevant planning authority which receives a request to carry out works outside the hours and days specified in sub-paragraph (1) in accordance with sub-paragraphs (3) and (6) fails to notify the undertaker of its decision within 14 days of receiving the request for consent that relevant planning authority is deemed to have granted consent.\n(8) Any request to which this article applies must include a statement that the provisions of sub-paragraph (7) apply to that application.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 2 para. 5(8) substituted (12.1.2026) by The A46 Newark Bypass Development Consent (Correction) Order 2026 (S.I. 2026/16), art. 1, Sch."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 5 in force at 22.10.2025, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1090/schedule/2/paragraph/5",
    "retrieved_at": "2026-10-28T21:10:46.575852+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}