Solar canopies and electric vehicle charging

Closes 18 Jun 2025

On-street public charging

The Current Planning System and Wider Permitting Requirements

Local authorities installing charge point infrastructure themselves already benefit from PDR, as do chargepoint operators who are contracted or operating on behalf of the local authority.

The installation of chargepoint infrastructure on the public road network is also classified as street works. Section 48 of the NRSWA sets out the definition of street works and Section 51 of NRSWA states that it is an offence to carry out street works without a statutory right or a Section 50 licence.

Organisations that want to carry out street works but do not have a statutory right to do so need to apply for a licence under Section 50 and Schedule 3 of NRSWA. This applies to EV chargepoint operators.

Under both the permitting and Section 50 licencing regimes, the organisation carrying out street works must comply with other requirements set out in NRSWA. These include:

  • Section 60: general duty of undertakers to cooperate 

  • Section 65: safety measures 

  • Section 70: duty to reinstate 

  • Section 75: inspections 

  • Section 81: duty to maintain apparatus 

  • Section 82: liability for loss or damage caused 

Planned Changes to the Planning System and Permitting Requirements

The government has decided to proceed with proposals to grant EV chargepoint operators access to street works permits and Street Manager.

An amendment will also be made to Section 115E of the Highways Act 1980 to disapply the permissive power for highways authorities to grant Section 115E permissions in cases where EV chargepoint operators are seeking to install chargepoints. These are not required if the organisation installing the chargepoint has either a statutory right to carry out the street works or a Section 50 licence.

4. Are the current rules for planning and consents around on-street charging appropriate? What further changes would you make? What evidence can you provide to support this position?
5. Overall, and having regard to the contents of this call for evidence are there any other comments you wish to include in the role of highways permitting and licencing or national planning policy / guidance in better planning for and delivering electric vehicle charging infrastructure? What evidence can you provide to support this position?