Planning Law Updates

Electric vehicle charge points and permitted development

6 min readBy PlanScope Editorial Team

Wall boxes and car park upstands are covered by Part 2, subject to height and siting limits. The harder consents are the highway licence, Part S and accessible charging design.

Most electric vehicle charging equipment on private land is permitted development. A wall-mounted outlet within the curtilage of a building, and an upstand within an off-street parking area, are both covered by Part 2 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, subject to height and siting limits. So the question for an ev charge point permitted development project is rarely whether planning permission is needed. It is which of the other four consent regimes applies.

As at the date of writing, the Part 2 rights have been amended more than once and further expansion has been consulted on. Check the consolidated order before relying on any dimension below, and read the current text rather than a summary written when the rights were first introduced.

Which classes cover charging equipment

Two classes do the work, and they split by how the equipment is mounted.

The first covers an electrical outlet mounted on a wall for recharging electric vehicles, installed within the curtilage of a building. That is the domestic wall box and its commercial equivalent on the side of an office or a retail unit.

The second covers an upstand with an electrical outlet mounted on it, installed within an area lawfully used for off-street parking. That is the free-standing bollard or charging post in a car park.

Both classes carry a condition requiring the equipment to be removed as soon as reasonably practicable when it is no longer needed, and the surface made good. That condition is easy to forget when a site changes hands and the charger is obsolete.

Height and siting limits

The limits are the part people get wrong, and they differ between the two classes.

Consideration Wall-mounted outlet Upstand in a car park
Position relative to the highway Must not face onto and sit within a short stated distance of a highway Must not sit within a stated distance of the highway where in a residential curtilage
Height Constrained by the dimensions in the class Subject to a maximum height above ground level
Designated land Restricted on article 2(3) land, typically on any wall fronting a highway Restricted on article 2(3) land
Heritage assets Not permitted on a listed building or within its curtilage, or on a scheduled monument Not permitted within the curtilage of a listed building or on a scheduled monument
Number One per relevant wall in practice Limited by parking space in the relevant class

The measurements are unforgiving and the wall-mounted class in particular turns on the relationship between the outlet and the highway. A charger on the front elevation of a terraced house facing directly onto the pavement is the classic case that falls outside the class, and it is also the case most householders want.

The upstand class only applies where the land is already lawfully used for off-street parking. Installing chargers on an area that is not lawfully parking, such as a landscaped strip or an unauthorised hardstanding, is not covered, whatever the equipment looks like.

Where planning permission is still required

Several situations take a charging scheme out of permitted development altogether, and they are common on commercial sites.

  1. A charging hub with canopies, substations, welfare buildings or lighting columns, where the ancillary structures are development in their own right.
  2. Equipment on or within the curtilage of a listed building, needing planning permission and often listed building consent.
  3. Sites where a condition on an earlier permission removed permitted development rights, or where an Article 4 direction applies.
  4. Installations on land not lawfully used for off-street parking, including a change of use from another purpose.
  5. Any equipment exceeding the dimensional limits, which large rapid chargers with integral cooling frequently do.
  6. Battery storage installed alongside the chargers, which is a separate proposal.

Where the site already has planning permission carrying conditions on layout, landscaping or external appearance, adding chargers may need that permission varied. The routes for doing so, including the newer statutory mechanism, are set out in the section 73B route for varying a permission.

Highway consents for footway installations

This is the regime that surprises commercial occupiers, and it has nothing to do with the planning department.

Any apparatus placed in, under or over the public highway needs the highway authority's consent. Running a cable across a footway to reach a vehicle parked on the street is a highway matter, and laying a cross-pavement channel or gulley is apparatus within the highway requiring a licence. Street works legislation governs how and when the footway can be opened, who may do it, and what reinstatement standard applies.

Three practical points. The highway authority is often a different council from the planning authority in two-tier areas, so two applications go to two organisations on different timescales. Some authorities operate a specific cross-pavement charging scheme with an approved list of products and installers, and going outside it means a bespoke application. And a charger serving on-street parking cannot normally rely on the Part 2 rights at all, because the equipment is not within a curtilage or a private parking area.

Where the works involve a new or altered vehicle access, that is a separate consent again, and dropping a kerb requires the highway authority's approval whether or not planning permission is needed.

Accessible charging and the relevant standard

Accessibility is now a design expectation rather than an afterthought, and it affects layout more than equipment choice.

The published specification for accessible electric vehicle charging sets out requirements covering bay dimensions, transfer space, the height and operating force of controls, kerb upstands, cable weight and management, lighting and wayfinding. Designing to it is voluntary in the sense that it is not building regulations, and increasingly expected in the sense that local policy, funding conditions and procurement documents reference it.

The practical consequences are spatial. An accessible charging bay needs more space around it than a standard bay, the charger cannot be positioned so the cable crosses a transfer zone, and the surface has to be level and firm. Retrofitting that into a full car park layout after the bays are marked is expensive.

Separately, Part S of the Building Regulations requires charge point provision and cable routes in new residential and non-residential buildings and in certain major renovations. That is a building control matter, assessed at plans stage, and it is not satisfied by a planning condition.

Recording the position for a landlord or funder

Charging assets get financed, sold and assigned, and the diligence questions are predictable. Assemble the answers while you still have them.

Keep the site plan showing each charger and its distance from the highway boundary, the equipment specification with dimensions, photographs on installation, the distribution network operator's connection agreement, the electrical installation certificate, and any highway licence or street works permit.

Where the installation relied on permitted development, note in writing which class was relied on and why the limits were met. A lawful development certificate is the only formal way to confirm that works are lawful, and on a large or unusual installation it is worth the fee. Where an application was made, a Planning Statement setting out the policy case and a Transport Statement covering circulation and servicing are the two documents most often requested.

Reform in this area is ongoing rather than settled. The PlanScope planning law timeline is a reasonable place to follow what changes, with legislation.gov.uk as the place to confirm it.

This is general guidance, not legal advice. Check the position with your local planning authority or a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.

Frequently asked questions

Do I need planning permission for an EV charge point?

Usually not. Part 2 of the general permitted development order covers a wall-mounted outlet within the curtilage of a building and an upstand within an area lawfully used for off-street parking, subject to height and siting limits. Listed buildings, scheduled monuments and article 2(3) land are treated differently, and larger hubs fall outside the rights.

Can I install a charger on the front of a terraced house?

Often not under permitted development. The wall-mounted class turns on the relationship between the outlet and the highway, and an outlet facing directly onto a pavement within the stated distance falls outside it. Check the current wording of the class, and remember that any cable or channel crossing the footway is a separate highway consent.

What consent is needed to cross the pavement with a cable?

The highway authority's, not the planning authority's. Apparatus placed in, under or over the public highway needs a licence, and street works legislation governs how the footway may be opened and reinstated. Many authorities run a specific cross-pavement charging scheme with an approved product and installer list.

Does Part S of the Building Regulations apply?

Part S requires electric vehicle charge point provision and cable routes in new residential and non-residential buildings and in certain major renovations. It is assessed by building control at plans stage and is entirely separate from planning permission. A planning condition does not satisfy it and building control approval does not grant it.

What does accessible charging design require?

The published specification for accessible charging covers bay dimensions, transfer space, control height and operating force, kerb upstands, cable weight, lighting and wayfinding. It is not building regulations, but local policy, funding conditions and procurement documents increasingly reference it, and retrofitting the extra space after bays are marked is expensive.

Sources and further reading

electric vehiclespermitted developmentpart 2highwaysbuilding regulationscommercial

This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.

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