The purpose of consultation under sub-paragraph (3) shall be to ensure
public safety and, so far as reasonably practicable, to reduce public
Before exercising the powers conferred by sub-paragraph (1) in relation to a
highway, or to an extent, not specified in the table in sub-paragraph (3), the
nominated undertaker shall obtain the consent in writing of the highway
Consent under sub-paragraph (5) shall not be unreasonably withheld, but
may be given subject to such conditions as the highway authority may
reasonably require in the interest of public safety or convenience.
If a highway authority which receives an application for consent under sub-
paragraph (5) 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 the application.
Sub-paragraph (7) shall have effect in relation to an application for consent
which relates to a GLA side road (within the meaning of the Road Traffic
Regulation Act 1984 (c. 27)) or a road which is designated under section 60(1)
or 61(1) of the Traffic Management Act 2004 (c. 18) (roads in Greater London
which are strategic roads) with the substitution for “28” of “42”.
Any dispute with a highway authority about consent under sub-paragraph
(5) shall, if the parties agree, be referred to arbitration, but shall otherwise be
determined by the Secretary of State.
It is hereby declared for the avoidance of doubt that there is no need to
reinstate a highway or part of a highway in relation to which any of the
powers conferred by sub-paragraph (1) has been exercised where the
exercise of the power comes to an end on the exercise, in relation to the
highway or part, of the power conferred by paragraph 1(1) or 2(1).
Working sites in highways
Any highway or part of a highway which is stopped up under paragraph
5(1)(a) may be used as a working site if it is within the limits of deviation for
the scheduled works or within the limits of land to be acquired or used.