110 Power to divert non-navigable watercourses and to carry out other works on any watercourse

110  Power to divert non-navigable watercourses and to carry out other works on any watercourse

(1)     Subject to the provisions of this section, a highway authority may divert any part of a watercourse, other than a navigable watercourse, or carry out any other works on any part of a watercourse, including a navigable watercourse, if, in the opinion of that authority, the carrying out of the works 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, a trunk road picnic area, a lorry area or a service area.

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

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