Commentary on provisions of the Act Part 1: Highway access
Paragraph 1 contains provision for the nominated undertaker to create, or improve, means of access within the Act limits.
	For accesses at places shown on the deposited plans, paragraph 1(2) provides that on any highway used by vehicular traffic, works to make a means of access may only be carried out after 28 days’ notice to the highway authority. Paragraph 1(3) and (4) provide that the works are not to be done if the highway authority objects to the siting of the access within the 28 day period, because in its view the access ought to be moved elsewhere within the Act limits on road safety grounds or because of injury to local amenity.
	If these works are to be carried out on a highway with vehicular traffic, paragraph 1(5) requires plans to be approved by the highway authority. Under paragraph 1(6), the only ground on which approval of the plans can be refused is that the plans should be modified to prevent or reduce either injury to local amenity or effects on road safety, and are reasonably capable of being so modified.
	Paragraph 1(7) and (8) concern works for accesses undertaken within the Act limits at places not shown on the deposited plans. These require the highway authority’s approval, not to be unreasonably withheld. Paragraph 1(9) provides for the matters which the highway authority must take into account.
	Paragraph 1(10) and (11) establishes that, in the event that the highway authority does not respond within 28 days, it is assumed to have approved the plans or given consent.
	Paragraph 1(12) provides that, if the location of access works is moved as a result of paragraph 1(3) , then paragraph 12(5), (7) and (8) apply as if the new location were shown on the deposited plans.