5(1)The powers conferred by paragraph 1 or 4 of Schedule 2 to this Act may be exercised in such a way as to obstruct the highway, but only with the consent of the highway authority, such consent not to be unreasonably withheld.U.K.
(2)Any dispute with a highway authority under sub-paragraph (1) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.
(3)If a highway authority which receives an application for consent under sub-paragraph (1) above fails to notify the applicant of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted it.
Modifications etc. (not altering text)
C1Sch. 3 para. 5 applied (with modifications) (19.2.1999) by S.I. 1999/537, art. 13(1), Sch. 3 para. 1-8
Sch. 3 para. 5 applied (with modifications) (22.3.2001) by S.I. 2001/1451, art. 15(1), Sch. 3 paras. 1(c), 3(2)