The obligation to erect a hoarding or fence imposed by subsection (1) above may be dispensed with if the appropriate authority so consent.
Where a person has erected a hoarding or fence in compliance with subsection (1) above, he shall—
if the appropriate authority so require, make a convenient covered platform and handrail to serve as a footway for pedestrians outside the hoarding or fence;
maintain the hoarding or fence and any such platform and handrail in good condition to the satisfaction of the authority during such time as the authority may require;
if the authority so require, sufficiently light the hoarding or fence and any such platform and handrail during the hours of darkness; and
remove the hoarding or fence and any such platform and handrail when required by the authority.
A person aggrieved by the refusal of a consent under subsection (2) above or by a requirement under subsection (3) above may appeal to a magistrates' court.
Subject to any order made on appeal, if a person contravenes this section he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale; and if the offence is continued after conviction he is guilty of a further offence and liable to a fine not exceeding £2 for each day on which the offence is so continued.