The Local Government Technical Advisers Group (LGTAG) has published new guidance on charging private electric vehicles (EV) on the public highway.
The document, which follows an initial guidance note published late last year, notes that while the Government is promoting EVs as a low carbon, lower pollution alternative, some LGTAG member organisations have highlighted challenges with their roll-out.
It says one potential approach to addressing growing demand is to allow private individuals to utilise the public highway to provide individual charging opportunities, ‘which encompasses a range of cross, over and under pavement solutions’.
It states: ‘At this time there is no right, or wrong answer and a mix of approaches is going to be required over time.’
Durham County Council launched a pilot of the Kerbo Charge footway channel last year
Regarding the legal framework, the guidance notes that provisions in the Highways Act 1980 could offer an opportunity to both enforce compliance and allow for consent for cables running from a residential property across public highway to a vehicle parked nearby.
It also notes that Section 50 of The New Roads and Street Works Act 1991 (NRSWA) allows local authorities to provide licences to organisations without a statutory right to install apparatus on the highway.
This currently includes some electric vehicle charge point installers and private households, although this is unlikely to be used by private householders due to its complexity and cost.
The guidance makes clear that local authorities have the right to refuse to grant a licence on various grounds but points out that recent government guidance makes clear that there should not be a blanket ban on using section 50 licences.
It also notes that the Government has been consulting on whether to give charge point installers a non-statutory right to undertake street works, which would allow them to apply for a permit under Section 48 of NRSWA rather than a licence.
It also states: ‘It is understood that the Government is developing a guidance document relating to cross pavement solutions for electric vehicle charging. The timescales and content of this guidance are to be confirmed.’
The Government’s Plan for Drivers, published last October, states that it will ‘seek to provide guidance on the use of safe cross pavement solutions, and best practice to local authorities on relevant legislation, permissions and how to consider applications’.
