108 Power to divert navigable watercourses

Diversion etc of watercourses

108  Power to divert navigable watercourses

(1)     An order made under this subsection may authorise a highway authority to divert such part of any navigable watercourse as may be specified in the order if, in the opinion of the authority, the diversion of that part is necessary or desirable in connection with—

(a)     the construction, improvement or alteration of a highway;

(b)     the provision of a new means of access to any premises from a highway; or

(c)     the provision of a maintenance compound or, if that authority are a special road authority, of a service area.

[(1A)     Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in

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