Commentary on provisions of the Act Part 2: Interference with highways Permanent obstruction
Paragraph 5 provides that the power to carry out ancillary works under section 2(1), (3) and (5) may be exercised in a way that permanently obstructs the highway. Paragraph 5(1) requires the consent of the highway authority for this, which is not to be unreasonably withheld. If this is disputed, paragraph 5(2) provides that the matter must be determined by arbitration or by the Secretary of State.
	Paragraph 5(3) provides that consent will be assumed to have been given after 28 days, unless the authority notifies the applicant to the contrary within that period.