EV Planning and Building Control
There are planning and building control requirements that have to be met before you can install an electric charger, here you will find information and advice on them.
Q. What are the requirement for Planning Permission for EV Charge Points?
A. The installation of EV Charge Points falls within the definition of “development” and will consequently require planning permission. However, the existence of ‘Permitted Development Rights’ (as set out in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) ( or otherwise referred to as ‘the GPDO’) does mean that it is not always necessary to apply to the Council for planning permission provided that certain conditions are met. In situations not covered by ‘Permitted Development Rights’ it will be necessary to apply to the Council for planning permission for the development. For information on permitted development visitPermitted development (argyll-bute.gov.uk)
Q. What do I need to know when installing an EV Charge Points for Domestic Use?
A. Class 2B of ‘the GPDO’ would permit an EV Charge Point to be attached to a dwellinghouse for use by the occupants of that property. Class 4A of ‘the GPDO’ would permit an EV Charge Point to be attached to a flatted premises for use by the occupants of that property. In either case the unit would require to be contained within the curtilage boundary of the property (i.e. the title boundary) and not protrude more than 1 metre from the outer surface of the external wall of the dwellinghouse/dwelling.
Q. Are there exclusions to the use of ‘permitted development rights?’
A. Both class 2B and 4A are subject to limitations requiring development within the curtilage of a listed building, or within a conservation area designation to be subject of an application for express planning permission. Please be aware that where it is proposed to attach the unit to a building that is listed, then separate Listed Building Consent will also be required.
Q. What do I need to know when installing an EV Charge Points within Off Street Car Parking Areas?
A. Wall-mounted Installation: Class 9E of ‘the GDPO’ provides deemed planning permission for the installation, alteration or replacement of a wall mounted EV charge point within an area that is lawfully used for off-street parking (i.e. a public or private car park) where the unit is less than 0.5 cubic metres in volume (including its casing), and it is located more than 2 metres from any road which it faces onto. Please be aware that where it is proposed to attach the unit to a building that is listed, then separate Listed Building Consent will still be required.
A. Free Standing Installation: Class 9F of ‘the GPDO’ provides deemed planning permission for the installation, alteration or replacement of a freestanding EV charging point within an area that is lawfully used for off-street parking (i.e. a public or private car park) where the unit does not exceed 1.6m in height above ground level, is more than 2 metres from a road, and does not exceed more than 1 unit per defined parking space.
A. Conditions: Both class 9E and 9F are subject to conditions that imposes limitations on the display of information on the installed units to a maximum of 2no. nameplates with a maximum length of 70cm installed on opposite sides of the unit, and with no method of illumination being permissible. Development that does not comply with these conditions will require to be subject of an application for express planning permission.
A. Exclusions to the use of ‘permitted development rights’: Both class 9E and 9F are subject to limitations requiring development within sensitive designations including sites of archaeological interest, national scenic areas, historic gardens and designed landscapes, historic battlefields, conservation areas, National Parks, or World Heritage Sites to be the subject of an application for express planning permission.
Additionally for any class of ‘permitted development’ located within a ‘European’ nature conservation designation (i.e. Special Protection Areas or Special Areas of Conservation) there are also subject to additional safeguards that require developers to obtain advance written authorisation from both the planning authority and Nature.Scot prior to utilising ‘permitted development rights’.
Q. When will I need to apply for a building warrant?
A. Where an EVCP does not form part of a ‘building’ or its power supply is not provided from a ‘building’, no building warrant is required. Where an EVCP forms part of a ‘building’ or its power supply is provided from a ‘building’ then the requirement for warrant would be considered in line with the Guidance on Electrical work not requiring a warrant (domestic and non-domestic). The work activity would be considered as a ‘new power socket outlet’ with the requirement for warrant dependent on the type/height of building. The LABSS position seeks to cover the majority of common installation arrangements but may not cover all scenarios, in which case the verifier will require to make a bespoke assessment of the requirement for warrant depending on the particular circumstances of such a case. Note – Installers should ensure that any fixture will not obstruct/constrict access on a pedestrian route or cause a hazard when in use. See the guidance documentation below for further reference points.
Further Planning Guidance:
It is advised that Argyll and Bute Council offers a chargeable pre-application advice service that may be of assistance to prospective developers who require further guidance and confirmation on the requirement for permission, and if this is required, the issues that would require to be taken into consideration when the Council determines the application.
Road Opening Permits
Another consideration when thinking about installing an electric vehicle chargers whether a Road Opening Permit is required or not.
A Road Opening Permit is required as per section 109 of the New Roads and Street Works Act 1991, for anyone other than an Undertaker, (e.g. Scottish Gas, Scottish Water or BT), who requires to open up the public road or verge to carry out works, (e.g. footway and kerb work for driveway and road connections for housing developments).
For more information on Road Opening Permits, how to apply and fees that apply visit Road Opening Permit (argyll-bute.gov.uk)
