Supplementary evidence from ChargeUK (ELV0135)
Dear Baroness Parminter,
Further written evidence for the Lords Environment and Climate Change Committee inquiry into the transition to electric vehicles
Thank you for providing ChargeUK with the opportunity to provide further written evidence to the committee following my recent oral evidence session on permitted development rights and Traffic Regulation Orders.
EV charging infrastructure projects are almost always granted planning permission, but the process is lengthy, unpredictable and expensive. There are some straightforward changes that the Government can make in order to make this process smoother and accelerate the rollout of vital infrastructure for the transition to electric vehicles. These include:
1. Adopting the Scottish model on permitted development rights for EV charging projects of a certain scale
2. Bringing forward the response to the 2022 TRO consultation to include provisions for EV charging.
The following expands on these two areas. We would also like to provide addition information on the issue of the Targeted Charging Review, which is dramatically increasing costs to high powered charging sites.
1. Scotland’s approach to permitted development for EV charging infrastructure The Scottish Government has undertaken a substantial review of permitted development rights (PDR) that are granted by the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended). Permitted development rights (PDR) remove the need to apply for planning permission in relation to developments and circumstances specified in the legislation.
The second phase of their review considered new PDRs that would support the roll out of EV charging infrastructure. Specifically, it explored whether there would be merit in using PDR to facilitate the rollout of chargers located on or adjacent to pavements and the development of solar canopies, battery storage and equipment housed in off street locations.
ChargeUK welcomes the changes which facilitate the more efficient roll out of EV charging infrastructure which came in to force in Scotland in March 2023 which:
• Removed the specified area restrictions of the PDR for off-street charging upstands such as a National Park or a conservation area to allow the PDR to apply in these areas.
• Granted additional PDR for taller upstands up to 2.7 metres and for the equipment necessary for their operation for off-street parking upstands.
• Introduced a new class of PDR for solar canopies, whose primary purpose is EV charging and battery storage and equipment for the support of the canopy.
• Introduced additional PDR for the lighting of EV charging sites, improving site safety.
• Clarified that the local authority PDR includes the provision of EV charging and associated infrastructure.
These changes will reduce the burden not only on EV charging operators to roll out new infrastructure but importantly will help to reduce the burden and workload on local authority planning teams, many of which are currently stretched in terms of their own resources.
England’s approach to permitted development for EV charging infrastructure
In February 2023, the Department for Levelling Up, Housing and Communities launched a consultation which included proposals to:
• Establish a new class of PDR for solar canopies in ground-level off-street car parks in non-domestic settings. The consultation proposed including that the PDR would be subject to prior approval on design, siting, external experience and impact of glare on occupiers of neighbouring land.
• Amending the existing PDR for bodies working on behalf of a local authority to appoint EV charging providers to install public EV charging points on their behalf.
ChargeUK responded to the consultation (full response included as Appendix I) to welcome the objectives of the proposed changes and to make the case for greater flexibilities to accelerate the roll out of public charge points as was included in the Scottish proposals. In our response, we also explained the multiple benefits of solar canopies in terms of renewable energy generation and consumer experience including providing a visual signal, protection from wind and rain and a safer environment for lone drivers with lighting and CCTV.
Specifically, ChargeUK responded that if the PDR for solar canopies included clear workable parameters and criteria, it would allow for solar canopies to be delivered with no recourse to the planning system. In practice, seeking prior approval for design, siting, external appearance and impact of glare will be very similar to the time and cost commitments required for a full planning application. If prior approval is sought on these elements it would work counter to the objectives and benefits of the new permitted development right. In addition, ChargeUK made the case for the inclusion of battery storage, lighting and housing for associated apparatus as proposed in Scottish consultation and additional flexibilities including reducing the limit on proximity to residential home and for canopies more generally.
Since the consultation closed, the Government has amended the existing PDR for local authorities to include EV charging providers working on their behalf. While this specific change is welcome, its impact is limited and ultimately formalises existing working arrangements between providers.
To achieve a step change in delivery, improve consumer experience, provide the required support to local authorities to facilitate the roll out of EV charging infrastructure, the Government needs to urgently bring forward a PDR for solar canopies without limiting conditions and could further amend existing PDRs to ease the process for taller upstands.
2. Reform of Traffic Regulation Orders
Ensuring that there is adequate provision of charging for those who cannot charge at home is key policy objective and many of our members are focused on addressing this need by installing low power on-street charging. Typically, CPOs are contracted by local authorities to install this type of infrastructure and work with the LA to select appropriate sites. At many sites it is necessary to designate a parking bay “EV only”, which requires a Traffic Regulation Order (TRO). At present this statutory process adds considerable delay (up to 5 months) to this early part of the stage of the installation. We believe there is scope to modernise the process and speed up delivery.
In March 2022, the Department for Transport undertook a consultation on proposed changes to Traffic Regulation Orders (TRO). The Government’s own research set out an overwhelming need for reform to modernise the TRO process more widely (including in relation to EV charging) and support from almost all those who interact with the regime. The proposals set out a vision to:
• Create digital TROs, which would enable applicants to apply on-line, and applications would be processed using digital, software systems. They would be published in an open, digital format so the information can be accessed easily.
• Transform engagement and consultation with communities. Recognising that people want to know about proposed changes to the road network before they happen and to be able to express their views, digital TROs would mean that information can be accessed through websites, social media and emails.
• Simplify and speed up the time it takes to make TROs, amending the legislation to remove current barriers and unnecessary bureaucracy. The Government want to simplify what is currently a costly, paper-based and time-consuming process and improve services and transparency for TRO applicants.
The use of TROs is wide ranging and they are a vital tool for traffic authorities in managing the public road network and traffic. They include different types including permanent, temporary, experimental and for special events, and are required to facilitate wide ranging traffic changes including introducing controlled parking zones and pedestrianisation and undertaking road works.
At the time of publication in 2022, the consultation recognised their use is needed to designate the parking bays alongside EV charging points and are required during the installation of works.
Specifically, the consultation sought views on streamlining the process for installing EV charging infrastructure by introducing a unified consent process. This would streamline the process for obtaining planning permission consent and the highways consent for the traffic management works at the same time. As noted in the consultation, the Government has previously introduced unified consent for ‘pavement licences’ outside cafes and restaurants which successfully reduced bureaucracy, whilst ensuring residents were still consulted. This streamlined route includes a fast-track procedure that bypasses previous regulatory regimes, including the need for a Highways Act permit, a separate planning application and any requirement for a street trading licence or consent related to the operator’s alcohol licence.
The consultation took place prior to the launch of ChargeUK, although member companies provided their own consultation responses.
Despite closing in April 2022, the Government has yet to respond to the consultation and has made no further commitments on the reform of TROs. ChargeUK therefore calls for urgent progress to be made.
ChargeUK welcomes the Government’s ambitions for the reform of TROs including the digitalisation of an outdated system. However, the government must establish a unified consent system for EV charging infrastructure to accelerate the rollout of EV charge points and to support local authorities in their role. Only this can address the delays caused by the need for multiple permissions from different authorities.
A unified consent regime would provide the opportunity to
• design a system of consents which is proportionate to the scale and impact of EV charging infrastructure in the communities in which they are sit.
• include a clear and consistent framework for consultation with communities which has been recognised by the ChargeUK members as a specific challenge.
• reduce the significant burden on local planning and highways authorities.
It is worth noting that there is also scope to improve the way in which LAs consult residents about the location of EV charging infrastructure more generally. Even when a TRO is not required – because a charge point will be installed without the accompanying parking bay becoming EV only – LAs will typically chose to consult local residents. However, there is currently no guidance available to LAs on when they should consult, who they should consult (ie how far from the proposed charge point) and what level and type of objection will trigger a location being rejected. This lack of clarity is adding months to charge point deployment and also risks otherwise “good” locations from being rejected. Guidance from central government would help to standardise this process and speed up delivery.
The TCR is an Ofgem initiative, the implementation of which has resulted in higher charges for high powered charging sites, in some cases over 10 times greater than was previously experienced.
CPOs are working at pace to develop charging capacity ahead of demand in order to give consumers confidence that the right charging infrastructure will be there when it is needed. However, under the TCR, the additional capacity – currently not in use – are incurring additional costs. These increased costs will lead to some projects no longer being commercially viable for development, thereby preventing further rollout of high-powered charging capacity ahead of demand. CPOs are having to assume worst-case higher costs when making their project investment decisions, as there is no visibility of what the standing charge cost level might be.
ChargeUK is currently undertaking further analysis to suggest solutions to this issue. However, in the short term we hope that Government help to address the issues of the TCR and standing charges by:
- Conducting an urgent review of impacts that the increased costs under the TCR will have on charging infrastructure toll out and apply short-term mitigations.
- Commissioning Ofgem to provide a transparent guide for CPOs on the standing charges that project will incur in each region and at each connection size, and an explanation of how they are determined.
- Requiring final standing charges to be communicated to CPOs at an earlier stage of the development process.
ChargeUK would be happy to provide further information on PDR, TRO or standing charges, or any other areas, should the Committee request it.