3(1)The nominated undertaker shall not exercise the powers conferred by paragraph 6(1) of Schedule 3 to this Act without the consent of the highway authority.
(2)In its application to this paragraph, paragraph 2 above shall have effect with the addition after “require” of “in the interest of public safety or convenience”.
(3)If within 28 days after a request for consent has been submitted the highway authority has not given or refused such consent, it shall be deemed to have consented to the request as submitted.
(4)Where consent under this paragraph is given subject to a term or condition the performance of which is, or becomes, inconsistent with the performance by the nominated undertaker of any of the conditions to which the deemed planning permission is subject, the term or condition to which the consent under this paragraph is subject shall not have effect or, as the case may be, shall cease to have effect.
(5)In sub-paragraph (4) above, the reference to the deemed planning permission is to the planning permission deemed by section 9 above to be granted.