EV charge points under Part 2 Classes D and E

An electric vehicle charging point at home is usually permitted development, so no planning application is needed. Classes D and E of Schedule 2 Part 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 cover a wall-mounted outlet and a free-standing upstand respectively, within an area already lawfully used for off-street parking. The phrase "ev charger permitted development" hides a set of limits that catch a surprising number of installations, and two of them turn on where the highway is.

Get the position wrong and the remedy is retrospective, which is worse than a fortnight of checking.

What Class D allows for a wall box

Class D permits the installation, alteration or replacement of an electrical outlet mounted on a wall for recharging electric vehicles, within an area lawfully used for off-street parking. It is not permitted where:

• the outlet and its casing would exceed 0.2 cubic metres
• the outlet and its casing would face onto, and be within two metres of, a highway
• the site is a scheduled monument, or the outlet would sit within the curtilage of a listed building

Two conditions attach. The outlet must, so far as practicable, be sited to minimise its effect on the external appearance of the building and the amenity of the area. And it must be removed as soon as reasonably practicable when it is no longer needed for charging.

The 0.2 cubic metre limit sounds generous until you measure a tethered unit with an integrated cable holster and a separate isolator enclosure. Measure the casing as installed, not the box on the datasheet.

What Class E allows for an upstand

Class E covers a free-standing upstand with an outlet mounted on it, again within an area lawfully used for off-street parking. The limits are:

• the upstand and outlet must not exceed 2.3 metres in height, measured from the level of the surface used for parking
• it must not be within two metres of a highway
• it must not be on a scheduled monument or within the curtilage of a listed building
• no more than one upstand may be provided for each parking space

The height is measured from the parking surface, which matters on a sloping drive where the ground level under the upstand is lower than the bay. The one-per-space rule is the constraint people miss on a shared forecourt: four bays permit four upstands, not a bank of six.

The two metre rule is where most schemes fail

Both classes measure from the highway, and "highway" includes the pavement, not the kerb line. On a terraced street where the drive is short, the natural position for a charger is on the front elevation near the gate, which is frequently within two metres of the footway.

For Class D there is a second element. The rights are lost where the outlet would both face onto a highway and sit within two metres of it. A wall box on the side return of a house, facing away from the road, can therefore be lawful even where the wall itself is close to the pavement.

For Class E the test is simpler and stricter. An upstand within two metres of a highway is outside Class E whichever way it faces.

Where neither works, moving the unit further into the plot usually costs less than an application. Cable runs are the smaller cost.

Listed buildings, conservation areas and designated land

This is the point at which Part 2 behaves differently from the householder rights in Part 1. Article 2(3) land, which covers conservation areas, National Landscapes, National Parks, the Broads and World Heritage Sites, is not excluded from Classes D and E. A wall box on a house in a conservation area can be permitted development.

Listed buildings are excluded outright. Nothing within the curtilage of a listed building falls within Class D or E, and that curtilage often extends to an outbuilding, a boundary wall or a whole yard. Separately, listed building consent is required for works that affect the character of the building as a building of special architectural or historic interest, and drilling a masonry elevation for a charger cable frequently does. Where a listed building is involved, the Heritage Statement supporting the consent application should explain the cable route, the fixings and the reversibility of the installation.

Article 4 directions can remove Part 2 rights in particular areas. Check the authority's published directions before assuming a conservation area is unaffected.

Chargers serving more than one dwelling

A block of flats with a communal car park is still an area lawfully used for off-street parking, so Classes D and E can apply. The practical limits are the one-upstand-per-space rule and the requirement to minimise the effect on the external appearance of the building.

Where the scheme involves a new substation, a new hardstanding area, ducting across land not currently used for parking, or an increase in the parking area itself, you have moved beyond Part 2. Those are separate operations and may need permission in their own right.

Commercial charging hubs are a different question altogether. A site converted to public charging is likely to involve a material change of use, and the Planning Statement will need to address highway capacity, lighting and the use class position rather than rely on Part 2.

Removal and the highway works nobody budgets for

Both classes carry a condition that the equipment is removed as soon as reasonably practicable once it is no longer needed. In practice this bites when a property changes hands and the new owner has no electric vehicle, and it is rarely enforced. It still forms part of the permission, so a unit left derelict on a boundary wall is technically a breach.

The expensive item sits outside planning. Running a cable across a public footway needs the highway authority's agreement, and forming or widening a vehicle crossover requires consent under section 184 of the Highways Act 1980. If the property has no dropped kerb, the charger is the simple half of the project.

Checking the position before the electrician arrives

Work through this in order.

1. Confirm the parking area is already lawfully used for off-street parking, with an existing crossover.
2. Measure the distance from the proposed unit to the nearest edge of the highway, including the footway.
3. Check the National Heritage List for England for a listing on the property or anything adjoining it, since curtilage can extend across a boundary.
4. Check the authority's Article 4 directions and any conservation area appraisal.
5. Measure the casing volume for a wall box, or the height above the parking surface for an upstand.

If every answer is comfortable, install. If one is marginal, a Lawful Development Certificate under section 192 of the Town and Country Planning Act 1990 is the only formal way to confirm that the works are lawful, and it costs far less than an enforcement dispute.

Illustrative example: a 1930s semi in a conservation area, with a driveway formed in the 1980s and an existing crossover. The house is not listed. A 7 kW wall box on the side return, four metres from the footway and facing the neighbouring boundary, sits comfortably within Class D. The same unit on the front elevation beside the bay window would not.

Enter your postcode on PlanScope to see which constraints apply to your property before you commit to a position.

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.