EV charging points: More flexibility for development following recent amendment

The height of each charging point can (from 25 May) be 2.3 metres tall rather than 1.6 metres, as long as the charging point is not located at a dwelling house or block of flats, and is not on the highway.

This supportive amendment should provide more flexibility in charging point design and help to facilitate the ongoing roll-out of this necessary piece of infrastructure.

What is the current planning process?

The installation of charging points is 'development' for the purposes of the Town and Country Planning Act 1990. Such development needs planning permission to be lawful.

In England the Permitted Development Rights Order 2015 grants planning permission for certain types of development. 'Electrical upstand for recharging vehicles' is one of these types of development. If certain conditions apply, then it is possible to rely on this permitted development right to install an EV charging point without the cost and delay of submitting an application for planning permission.

The conditions are that a single charging point can be located in an area lawfully used as an off-street parking space which is located more than two metres from the highway. The right is not available if it affects a heritage building or asset.

For more on EV, take a look at our hot topic page  and keep an eye out for our EV whitepaper – Plugging into Electric Vehicle opportunities – launching next week. 

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at May 2019. Specific advice should be sought for specific cases. For more information see our terms & conditions.