(1) No person shall, except with the permission of the Commissioner granted in his behalf erect or set-up any wall, fence, rail, post, step, booth or other structure whether fixed or moveable or whether of a permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to or an encroachment upon, or projection over, or to occupy any portion of such street, channel, drain, well or tank.
(2) No person shall, except with the permission of the Commissioner and on payment of such fee as he in each case thinks fit, place or deposit upon any street, or upon any open channel, drain or wall in any street or upon any public place any stall, chair, bench, ladder, bale or other thing whatsoever so as to form an obstruction thereto or encroachment thereon.
(3) Nothing in sub-section (1) shall apply to any erection or thing to which clause (c) of sub-section (1) of section 235 applies and nothing in subsection (2) shall apply to building materials.