239Breaking up roads in maintaining etc. works

239 Breaking up roads in maintaining etc. works (1) The owner of land in favour of which a right of access is created may, subject to this Part, do any thing necessary to construct, maintain and alter works in the land over which the right of access is created, including breaking up the surface of any road. (2) Before breaking up the surface of a road, the owner must give 14 days' notice to the person responsible for maintaining the road. (3) The person responsible for maintaining the road may, if that person thinks fit, supervise the work. (4) The owner must do as little damage as possible in exercising powers under subsection (1), and must, after exercising those powers, return the site, so far as possible, to the state it was in before the work was started. (5) If the owner fails to comply with subsection (4), the person responsible for maintaining the road may, after giving the owner 14 days' notice of that person's intention to carry out the necessary works and recover from the owner the reasonable costs of those works, carry out the works and recover those costs. (6) If the owner of land in favour of which a right of access is created— (a) does not do as little damage as possible in exercising powers under subsection (1); and (b) after exercising those powers, does not return the site, so far as possible, to the state it was in before the work was started— the owner of the land over which the right of access is created may, after giving the other owner 14 days' notice of its intention to carry out the necessary works and recover from the other owner the reasonable costs of those works, carry out the works and recover those costs.