3(1)Paragraphs 1 and 2 are subject to any power to impose restrictive covenants by virtue of section 5(3).
(2)Paragraphs 1 and 2 do not restrict the exercise of the power under section 4(1) in relation to a cellar, vault, arch or other construction in, on or under a highway which forms part of a building fronting on to the highway where—
(a)the building is within the Act limits, and
(b)the power under section 4(1) is exercisable in relation to the building.