(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.
[F1(1A)Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).]
(2)This section does not apply to any works which a highway authority are authorised to carry out by virtue of an order or scheme which has been made or confirmed in accordance with Schedule 1 to this Act.
(3)Before carrying out any works under this section, the highway authority shall consult every council in whose area the works are to be carried out.
(4)Where works are carried out by a highway authority under this section and any person suffers damage in consequence thereof by the depreciation of any interest in any land to which he is entitled or by reason of the fact that his right of access to a watercourse is extinguished or interfered with, then, unless the works are carried out on land, or in the exercise of rights, acquired compulsorily in the exercise of highway land acquisition powers, that person is entitled to recover from the highway authority compensation under this subsection in respect of the damage.
(5)Subject to subsection (7) below, a highway authority who propose to carry out any works under this section shall serve on the owner and the occupier of the land affected a notice stating their intention to carry out those works and describing them and informing him that he may within 28 days after service of the notice on him by notice to the authority object to the proposed works.
(6)If within that period the owner or occupier of the land affected objects to the proposed works and the objection is not withdrawn, then—
(a)if the objection is to works proposed to be carried out by the Minister, he shall consider the objection before carrying them out; and
(b)if the objection is to works proposed to be carried out by a local highway authority[F2or a strategic highways company, they must not be carried ]out without the consent of the Minister who may grant such consent either unconditionally or subject to such terms and conditions as he thinks just.
(7)Subsections (5) and (6) above do not have effect in relation to works that are to be carried out—
(a)on land that has been acquired by the highway authority in question, either compulsorily or by agreement, in the exercise of highway land acquisition powers, for the purpose of carrying out those works, or
(b)in the exercise of rights so acquired by that authority for that purpose.
Textual Amendments
F1S. 110(1A) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 36, 241, Sch. 2 para. 28 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
F2Words in s. 110(6)(b) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 36; S.I. 2015/481, reg. 2(a)