Commentary on provisions of the Act Part 2: Interference with highways Temporary interference
Paragraph 6 enables the nominated undertaker temporarily to interfere with any highway for the purpose of carrying out the Phase One works. Under paragraph 6(1), it may stop up, alter or divert the highway, divert traffic from it or prevent persons passing along it, break up or interfere with it or temporarily remove street furniture. Under paragraph 6(2), the nominated undertaker must provide reasonable access for pedestrians to or from premises abutting the highway.
	Where the highway is specified in table 3 in Part 4 of the Schedule, under paragraph 6(3) and (4) the relevant authority must be consulted with respect to public safety and convenience before the power is exercised. In other cases, paragraph 6(5) requires the consent of the relevant authority to be obtained in writing by the nominated undertaker prior to the power being exercised.
	Paragraph 6(6) and (9) provide that the relevant authority may not unreasonably withhold such consent, but may apply reasonable conditions in the interests of public safety or convenience, and that any disputes about this must be determined by arbitration or by the Secretary of State.
	Paragraph 6(7) 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.
	Paragraph 6(8) modifies the effect of paragraph 6(7) for GLA side roads and roads designated under section 60(1) or 61(1) of the Traffic Management Act 2004. In these cases, if the consent does not relate to the temporary removal of street furniture the highway authority has 42 days within which to make a response, rather than 28.
	Paragraph 6(10) provides that a highway does not have to be reinstated after its temporary closure if that same highway is then permanently stopped up under paragraph 2(1) or 3(1).