EV-charging condition overtaken by building regulations

09 Jan 2024

In determining an appeal seeking the removal of a condition requiring provision of EV-charging at a new-build bungalow, an inspector agreed with the appellant that the condition should not have been imposed on the reserved matters approval in the first place and furthermore, amended Building Regulations now covered the requirement to install EV-charging facilities.

Observing that council policy encouragement for EV use was aimed at improving air quality and tackling renewable and low carbon energy, the inspector was in no doubt that the condition did not directly relate to any of the five reserved matters of access, appearance, landscaping, layout or scale, and should not have been imposed except at outline stage, if necessary (400-043-706).

The inspector went on to find that council design guidance setting out British Standards for charging infrastructure and that residential charging points should be a minimum of 7kW, had been overtaken by amended Building Regulations Document S “Infrastructure for the charging of electric vehicles” (February 2022) which came into effect in June 2022 to deal specifically with the provision of EV-charging facilities for residential development. She decided the condition duplicated these Building Regulations and contravened the long-held principle that local planning authorities should not duplicate the function of other regulatory bodies or controls.

Other examples of unacceptable planning conditions are examined in DCP 4.4118.