Planning Law Updates

Electric vehicle charging: what permitted development covers

6 min readBy PlanScope Editorial Team

The charging classes in Part 2 of the GPDO cover an outlet on a wall and an upstand in existing off-street parking. Substations, canopies and hubs fall outside them.

Electric vehicle charging permitted development rights sit in Part 2 of Schedule 2 to the General Permitted Development Order 2015, and they are narrower than most operators assume. They cover an electrical outlet on a wall and an upstand carrying an outlet, within an area already lawfully used for off-street parking. They do not cover the substation the distribution network operator wants to put next to it, they do not cover a canopy, and they stop entirely once the parking area starts functioning as a charging destination in its own right.

For a business installing two chargers in a staff car park, the rights work. For anyone building a hub off a trunk road, they are largely irrelevant.

The classes that allow installation

Two classes matter. One permits an outlet mounted on a wall, the other permits an upstand with an outlet mounted on it.

Both are tied to off-street parking. The parking area must already be lawfully used for parking, which means the right cannot be used to create parking, to convert a yard, or to bring an area into use that does not currently have that use. On a site where the parking itself was never authorised, the charging rights do not rescue it.

Both classes also carry a removal condition. When the equipment is no longer needed for charging, it must be removed as soon as reasonably practicable and the land restored to its previous condition. That is a real obligation on a site being sold or redeveloped, not a formality.

Limits on outlets and upstands

The Order sets a maximum volume for a wall-mounted outlet and maximum heights for upstands, with a lower limit inside a residential curtilage than in other off-street parking areas. It also restricts installation close to a highway.

Take those figures from the current text of Part 2 rather than from any summary, including this one. The classes have been amended more than once as charging technology has changed, and quoting a superseded height is the fastest way to lose an argument with a planning officer.

What the limits mean in practice is that a standard bollard-style charger in a car park usually fits, and anything with a display screen on a substantial plinth, a canopy or an integrated payment terminal often does not. Measure the assembled unit, including its base, and compare that against the Order before ordering.

Siting matters as much as size. Equipment positioned close to the highway boundary, or on a wall facing a road, is where the restrictions bite hardest, and that is exactly where operators want the units for visibility.

Designated land and listed buildings

On article 2(3) land, which covers conservation areas, National Parks, National Landscapes, the Broads and World Heritage Sites, the rights are cut back. The usual restriction is on installation on a wall fronting a highway, and the effect is that the visible positions are the ones you lose.

Listed buildings are a separate point entirely. Permitted development rights say nothing about listed building consent, so fixing a charger to a listed wall, or running a cable through historic fabric, needs consent in its own right and can be a criminal offence without it. Curtilage structures count, which catches the coach house, the boundary wall and the stable block.

Scheduled monuments and their setting raise the same problem, and a car park on a monument is more common than it sounds on former abbey, castle and industrial sites.

Substations, cabinets and the network connection

The charger is the easy part. Anything beyond about two rapid units needs a reinforced supply, and that means a transformer, a substation enclosure or a large distribution cabinet.

None of that is covered by the charging classes. The route is usually different: development by an electricity distribution undertaking has its own permitted development rights elsewhere in the Order, which is how most kerbside and car park substations are installed without a planning application. Where the equipment is being installed by the site operator rather than by the undertaking, those rights do not apply and permission is needed.

So the sequence for a commercial site is to establish the supply capacity first, get the network operator's design, and only then work out which consents are needed. Discovering at installation that the substation needs permission adds three months to a programme that was priced on none.

Where a charging hub stops being permitted development

A parking area with chargers in it is still a parking area. A site whose primary function is charging vehicles, with a canopy, a retail kiosk, dedicated bays, lighting and signage, is a different use, and it needs planning permission.

The line is a matter of fact and degree, but the markers councils look at are consistent: whether the charging is ancillary to an existing use such as a shop or an office, whether non-customers are the target market, whether the layout has been reconfigured, and whether ancillary structures have appeared.

A hub application is treated like any other roadside commercial development. Expect the highway authority to want trip generation and access geometry, which means a Transport Statement or, on a larger site, a full assessment. Expect questions on lighting, on noise from cooling fans and transformers, and on surface water drainage from an enlarged hardstanding.

Advertisement consent under the advertisement control regulations is separate again, and totem signage at a hub almost always needs it.

Highway consents running alongside

Nothing in the planning regime authorises work in the public highway.

Installing apparatus in or under an adopted road or footway requires the highway authority's consent, and the relevant powers sit in the Highways Act 1980 and the street works legislation rather than in planning. Cables crossing a footway from a private car park to a kerbside bay need the same treatment, and a trailing cable across a footway is an obstruction regardless of who owns the charger.

Where a new or altered vehicle access is involved, that is a separate matter for the highway authority, and on a classified road it will usually require planning permission as well.

For rooftop solar installed alongside charging, the relevant rights are different again, and the limits are set out in the article on solar panels on commercial roofs and the permitted development limits.

Evidence to keep after installation

Permitted development gives no paperwork, which is why disputes surface years later at sale or refinancing.

Keep a dated photographic record of the installation, the manufacturer's specification sheet showing dimensions, a plan showing the position relative to the highway boundary and the building, and evidence that the parking area was lawfully in use for parking beforehand. Where the site is at all marginal, apply for a lawful development certificate for the completed works. A certificate is the only formal way to confirm that works are lawful, and it costs far less than an enforcement dispute.

The householder position, including chargers in domestic drives and shared parking at blocks of flats, is covered separately in the article on electric vehicle charge points and permitted development. Reform in this area moves quickly, and the planning law updates timeline is where changes are tracked.

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

Can I install chargers in my customer car park without planning permission?

Usually yes, where the parking area is already lawfully used for parking and the equipment fits the volume, height and siting limits in Part 2 of the General Permitted Development Order. Take the figures from the current text of the Order, because the classes have been amended as charging equipment has changed.

Does the substation need planning permission too?

It is not covered by the charging classes. Where the electricity distribution undertaking installs it, separate permitted development rights for statutory undertakers usually apply. Where the site operator installs it, permission is normally needed. Establish supply capacity and get the network operator's design before pricing the consenting programme.

When does a charging site need planning permission as a hub?

When charging stops being ancillary to an existing use and becomes the primary function of the site. Markers include a canopy, a retail kiosk, dedicated bays, reconfigured layout and non-customer traffic. A hub is treated as roadside commercial development, with transport, lighting, noise and drainage all in scope.

Can I fix a charge point to a listed building?

Not under permitted development. Those rights do not extend to listed building consent, so fixing equipment to a listed wall or running cable through historic fabric needs consent in its own right, and proceeding without it can be a criminal offence. Curtilage structures such as boundary walls and outbuildings count.

What should I keep as evidence after installing chargers?

Dated photographs, the manufacturer's dimensioned specification, a plan showing the position relative to the highway boundary, and evidence that the parking area was lawfully in use for parking beforehand. Where the position is marginal, apply for a lawful development certificate, which is the only formal confirmation that works are lawful.

Sources and further reading

ev chargingpermitted developmentgpdocommercialcar parks

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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