OpenLegislation

Article 4 Amendment of Class D of Part 2 of Schedule 2

Original text. Later amendments are not shown.

(1)

Class D of Part 2 of Schedule 2 (electrical outlet for recharging vehicles) is amended as follows.

(2)

For paragraph D, substitute—

“Permitted development

D.

The installation, alteration or replacement of an electrical outlet mounted on a wall for recharging electric vehicles—

(a)

within an area lawfully used for off-street parking; or

(b)

within any other area within the curtilage of a dwellinghouse or block of flats.”.

(3)

In paragraph D.1 (development not permitted)—

(a)

the existing text becomes sub-paragraph (1);

(b)

after paragraph (a), insert—

“(aa)

be installed more than 1.6 metres above ground level;”;

(c)

after sub-paragraph (1), insert—

“(2)

Development is not permitted by paragraph (b) of Class D—

(a)

if it would result in more than 1 outlet being installed within the curtilage of a dwellinghouse or block of flats; or

(b)

within a conservation area.

(3)

If the electrical outlet would be mounted on a wall of a dwellinghouse or block of flats that immediately adjoins a highway, development is not permitted by Class D if—

(a)

the electrical outlet would protrude by more than 0.2 metres from the external wall of the dwellinghouse or block of flats; or

(b)

there would be less than 1.5 metres’ width of footway between the outermost projection of the electrical outlet and the edge of the carriageway.”.

(4)

In paragraph D.2 (conditions)—

(a)

the existing text becomes sub-paragraph (1);

(b)

after sub-paragraph (1), insert—

“(2)

Development is permitted by Class D subject to the condition that, where there is a footway between the electrical outlet and the vehicle to be recharged, when the outlet is in use the charging cable must cross the footway by means of an authorised cross-pavement solution.”.

(5)

After paragraph D.2, insert—

“Interpretation of Class D

D3.

For the purposes of Class D—

  • “authorised”, in relation to a cross-pavement solution, means installed by, or on behalf of, or with the authorisation of, the relevant highway authority;

  • “block of flats” means a building which consists of at least two flats;

  • “carriageway” has the meaning given by section 329(1) of the Highways Act 1980;

  • “cross-pavement solution” means a pavement-embedded cable channel that allows a cable for the recharging of electric vehicles to safely cross a footway from a domestic premises to a parked vehicle;

  • “electrical outlet” means a dedicated charging point for the recharging of electric vehicles not including by means of a standard domestic plug and socket, and including any casing of that electrical outlet;

  • “footway” has the meaning given by section 329(1) of the Highways Act 1980.”.