Subject to subsections (2) and (3) below, a council shall have power to provide, maintain and operate facilities for recreation or refreshment or both on a highway to which this Part of this Act applies.
A council may not exercise the powers conferred by this section on a walkway unless they have first obtained walkway consent.
Where subsection (4) below applies, a council may not exercise the powers conferred by this section unless they have first obtained the consent of the frontagers with an interest.
This subsection applies where the facilities are to be provided—
on a footpath; or
on a bridleway; or
on a restricted byway; or
on a footway in relation to which no pedestrian planning order or traffic order is in force.