Planning circular 2/2024: non-domestic permitted development rights

Annex E: Electric vehicle charging in qualifying parking areas

1. Classes 9E and 9F of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 – also known as “the GPDO” grant planning permission in qualifying parking areas for, respectively, wall mounted electric vehicle (EV) chargers and EV charging upstands and related equipment.

2. These permitted development rights (PDR) can apply in the domestic or non-domestic context. With regard to the domestic context, EV charging could also be installed using the general householder PDR – please refer to the Scottish Government’s Planning Circular 1/2024 on Householder Permitted Development Rights.

3. A qualifying parking area in this context means an area which—

(a) has—

(i) as its primary use lawful off-street parking, and

(ii) a hard surface, or

(b) is within the curtilage of a dwellinghouse or a building containing one or more flats.

Class 9E – Wall Mounted EV Chargers

4. Class 9E permits the installation, alteration or replacement, within a qualifying parking area, of an electrical outlet mounted on a wall for recharging electric vehicles.

5. These PDR do not apply where the electrical outlet and its casing would exceed 0.5 cubic metres, or would face onto and be within 2 metres of a road.

6. The PDR are subject to a condition relating to the removal of equipment and the reinstatement of the wall on which it was mounted.

7. Specifically, when the development is no longer needed as a charging point for electric vehicles:

(a) the development must be removed as soon as reasonably practicable; and

(b) the wall on which the development was mounted or into which the development was set must be reinstated—

(i) as soon as reasonably practicable, and so far as reasonably practicable, to its condition before that development was carried out, or

(ii) in accordance with a restoration plan agreed in writing with the planning authority.

Class 9F – EV Charging Upstands and Related Equipment

8. Class 9F permits the installation, alteration or replacement, within a qualifying parking area, of:

a) an upstand with an electrical outlet mounted on it for recharging vehicles,

(b) equipment (including equipment housing) necessary for the operation of such an upstand.

9. The PDR do not apply if the upstand and the outlet (including its casing) would—

(a) exceed 2.7 metres in height from the level of the surface used for the parking of vehicles;

(b) if located within the curtilage of a dwellinghouse, or of a building containing one or more flats, exceed 1.6 metres in height from the level of the surface used for the parking of vehicles;

(c) be within 2 metres of a road; or

(d) result in more than one upstand being provided for each parking space.

10. In addition, development is not permitted by this class where any piece of equipment, (including equipment housing) other than an upstand would—

(a) exceed 29 cubic metres,

(b) exceed 3 metres in height from the level of the surface used for the parking of vehicles,

(c) be within 5 metres of a road,

(d) be within the curtilage of a dwellinghouse, or a building containing one or more flats,

(e) be within 10 metres of the curtilage of a dwellinghouse or a building containing one or more flats.

11. Conditions apply to these PDR. Firstly, any lighting or illumination forming part of the development must be directed towards the surface used for the parking of vehicles, and only illuminate the immediate area of the development.

12. There are also conditions relating to the removal of redundant equipment and the reinstatement of the land.

13. Specifically, where the development is no longer needed as a charging point for electric vehicles, the development must be removed as soon as reasonably practicable. In addition, the land on which the development was mounted or into which the development was set must be reinstated. This reinstatement must be as soon as reasonably practicable. It must also be, so far as reasonably practicable, to its condition before that development was carried out, or in accordance with a restoration plan agreed in writing with the planning authority.