Closed consultation

Street works access: electric vehicle chargepoint operators

Published 5 February 2024

Applies to England

Executive summary

Introduction

On 2 October 2023, government announced its Plan for drivers. In support of the transition to zero emission driving, measures were included to accelerate and support equitable access to charging infrastructure and included a commitment to consult on a measure to speed up the approvals process for the installation of electric vehicle (EV) chargepoints.

This consultation is about the access that EV chargepoint operators (CPOs) have to the highway when performing street works. EV CPOs are responsible for the installation of EV charging apparatus on the public road network.

In 2019, the UK government set ambitious targets to meet net-zero greenhouse gas emissions by 2050. Transport is the largest emitting sector for UK greenhouse gas emissions. The majority (91%) of emissions from domestic transport came from road vehicles in 2020. The transition to zero-emission vehicles is, therefore, vital to realising net zero.

To support the uptake of EVs, the government has introduced a range of measures to increase EV charging infrastructure. As of October 2023, there are more than 49,000 public chargepoints in the UK, an increase of 42% from a year earlier.

Going forward, this number will continue to grow with the uptake of EVs, with the government expecting there to be a minimum of 300,000 by 2030. By ensuring that everyone has access to reliable and convenient public charging wherever they live, the transition to owning an EV will be easier than ever.

The installation of EV chargepoints on the public road network is subject to various highways and consents procedures. The New Roads and Street Works Act 1991 (NRSWA) and the Traffic Management Act 2004 (TMA) require those carrying out street works to apply for either a permit or a licence under section 50 of NRSWA from the relevant HA before carrying out works. Permits are available to those with a statutory right to carry out works on the highway, whereas those that do not can apply for a section 50 licence. 

This consultation document presents a proposal for EV CPOs to be brought into the street works permitting regime, as most currently need to apply for a section 50 licence.

We would like to receive any comments you have on this proposal.

Current situation

The installation of electric vehicle infrastructure on the public road network is classified as street works. Section 48 of NRSWA sets out the definition of street works.

These are works of any of the following kind executed in a street in pursuance of a statutory right or a street works licence:

• placing apparatus
• inspecting, maintaining, adjusting, repairing, altering, or renewing apparatus, changing the position of apparatus, or removing it, or works required for or incidental to any such works (including breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street)

Section 51 of NRSWA states that it is an offence to carry out street works without a statutory right or a section 50 licence.

Permits

Those with a statutory right who want to install or maintain water, gas, electricity or telecoms infrastructure on the public road network need to apply to the relevant HA for a permit to cover the works. A statutory right is granted by legislation such as the Electricity Act 1989, the Water Resources Act 1991, the Gas Act 1986 or the Telecommunications Act 1983. Organisations granted statutory right by these acts are often referred to as statutory undertakers (SUs).

HA permit schemes were introduced by Part 3 (sections 32 to 39) of the TMA. Almost all HAs in England have now set up a permit scheme, which must comply with the Traffic Management Permit Scheme (England) Regulations 2007 (the 2007 regulations) as amended.

A permit is approved in advance of works being carried out and helps the HA to coordinate the timing of the works to reduce any impacts on congestion. HAs also need to apply for permits for their own works. 

Timing for the submission of permits and the time that HAs have to respond, as well as maximum fees that can be charged, is set out in Street works permit schemes conditions statutory guidance. Timings vary according to the type of works to be carried out, which is based on the planned duration of the works.

For example, applications for permits for minor works that last for 3 days or less need to be sent within 3 days of when the work needs to start, and the HA must respond within 2 days. The maximum permit fee that can be charged is either £45 or £60 depending on the type of road.

Applications for permits for standard works which last between 4 and 10 days need to be sent 10 days before the works need to begin, and the HA must respond within 5 days. Maximum fees for standard permits are £75 or £130 depending on the type of road involved.

Those with a statutory right to carry out works must apply for permits through Street Manager – the Department for Transport (DfT) digital service for planning and managing works.

Street Manager ensures consistent application of the legal requirements, so applicants provide the same information across England. DfT streams open data on when the works are planned/taking place and charge SU and HAs for using the digital service. Organisations are put into bands based on the number of works they carry out or are carried out in their area. Our lowest charging band is £1,000 per year.  

Those carrying out street works under a permit (and a section 50 licence) also must comply with other legal requirements around safety, reinstatement of the road following the works, which must be guaranteed for 2 or 3 years, paying for a sample of their reinstatements to be inspected (£50 per inspection) and submitting start and stop notices to confirm when works have started/finished. Street Manager is also used for these services. Organisations can be fined for various breaches including:

• insufficient safety requirements
• working without a permit
• breaching permit conditions
• overrunning works

EV CPOs and section 50 licences

Most EV CPOs do not have a statutory right to carry out street works.

Organisations that want to carry out street works but do not have a statutory right to do so need to apply for a licence under section 50 and schedule 3 of NRSWA. 

The increasing installation of EV charging apparatus is already causing the number of applications for section 50 licences to rise.

Section 50 was not designed as a legislative tool to support the rollout of such major infrastructure projects. It was, essentially, to allow for ad hoc street works to be carried out by those organisations which do not regularly need to do this.

We know that the application process for section 50 licences and associated costs vary greatly between HAs. Some HAs require bonds before licences are granted and others have extensive requirements in terms of information they need to be sent before an application will be approved. As a result, installing apparatus under a section 50 licence can be a lengthy and costly process, hindering the efficient rollout of infrastructure projects. Each licence could cost between £500 and £1,000 on average and can take 12 weeks or longer to obtain. Each HA will have its own application process and while most are online, some are not.

Section 50 licences are not currently included within Street Manager. This means that not all licences can be found online, which reduces the HA’s ability to coordinate and plan works on the highway. Some HAs add them voluntarily to Street Manager but not all will do so.

The current process for section 50 licences often leaves the HA and the licence holder without any clear direction about who will take responsibility for the repair and maintenance of the apparatus after it has been installed. As a result, some HAs are unwilling to grant section 50 licences until this has been agreed, and this can add to delays.

Those who need section 50 licences should ensure they apply for them in good time and that they work with the relevant HA to let them know about any major projects that are being planned. Unlike permits, one section 50 licence can cover several installations across several streets.

Issues relating to section 50 licences can impact the ability of some CPOs to install chargepoint infrastructure, particularly if they are operating on a regional or national scale. They can also add delays in rolling out infrastructure. Permits are a quicker, cheaper and less resource-intensive process for applying to perform works on the highway than bespoke section 50 licences.

Other requirements

Under both the permitting and section 50 licencing regimes, the organisation carrying out street works must comply with other requirements set out in NRSWA.

These include

• section 60: general duty of undertakers to cooperate
• section 65: safety measures
• section 70: duty to reinstate
• section 75: inspections
• section 81: duty to maintain apparatus
• section 82: liability for loss or damage caused

The HA has a power under section 75 to inspect works being carried out and reinstatements for compliance with the:

• safety code
• Specification for the Reinstatement of Openings in Highways (SROH)

The HA can charge organisations carrying out street works £50 per unit of inspection, which is based on the duration of the works. Inspections can be carried out:

• while works are taking place
• up to 6 months later
• up to 2 years later or 3 years for deep excavations

If the HA finds a defective reinstatement, they can charge £120 for a follow-up inspection to check that it has been repaired. 

It is a requirement under NRSWA for there to be always a qualified operative on site while street works are in progress. The qualifications held must be appropriate for the work being carried out. NRSWA also requires that the site be supervised by a person having a prescribed qualification as a supervisor. The supervisor is not required to be always on site.

Neither a permit nor a section 50 licence is required for installation works on private land/roads. 

Section 115 of the Highways Act 1980 

Section 115B the Highways Act 1980 (the 1980 Act) allows an HA to place objects or structures on the specified types of highway to, among others, provide a service for the public. Section 115E allows the HA to grant permission to another person to do anything it can do under section 115B.   

However, permission to place a structure on, in or over a highway that will result in the production of income cannot be given unless the HA has first obtained the consent of ‘frontagers with an interest’ to where the object is placed and the purpose for which it is used. ‘Frontagers’ means owners and occupiers of premises who might be affected by the structure being located either wholly or partially between their premises and the centre of the highway.  

We are aware that some authorities may be asking EV CPOs to apply for permission under section 115E of the Highways Act 1980 in addition to the section 50 licence or permit.  It should be noted that section 115E permission is not necessary if the organisation installing the chargepoint has either a pre-existing statutory right to carry out the street works or a section 50 licence.  Only a statutory right or a section 50 licence is required.

Government strategy

As part of the wider strategy to support EV uptake, the government is looking at other reforms. Permitted development rights are a statutory provision under the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2011. This legislation allows for the installation of chargepoints on properties with off-street parking in most circumstances. Permitted development rights enable those with off-street parking to install either a wall-mounted or a free-standing chargepoint without planning permission being required.

The Department for Levelling Up, Housing and Communities (DHLUC) recently amended permitted development rights to help scale up and remove barriers to EV charging rollout.

The legislation now enables HAs to appoint chargepoint providers to install public EV chargepoints on their behalf. This will result in more EV chargepoints being delivered further and faster across the country as it means HAs can also install their own charging infrastructure via EV CPOs. However, there is still a need to support organisations that seek to install infrastructure on the public highway without HA involvement.

Consultation proposals

We are consulting on a proposal to bring EV CPOs into the street works permitting regime by granting EV CPOs the right to carry out street works using a permit rather than a licence. This should make it much quicker, easier and cheaper to install EV infrastructure, helping to deliver a more comprehensive and reliable network of chargepoints for drivers around England. The proposals are:

1. Baseline option: do nothing

The baseline option does not make any changes to street works access for EV CPOs. This means that there is no amendment to legislation. EV CPOs would continue to access the public highway by applying for section 50 licences.

The government has published good practice guidance relating to section 50 licences. Aimed at HAs and EV CPOs as an aid to navigate the existing section 50 licence process, it will help to improve consistency across England in terms of the application process and the fees that are charged.

The aim of the guidance, which will apply in England, is to:

• help reduce the time it takes for applicants to obtain a licence and for authorities to process them
• clarify the legislative requirements
• improve application processes to reduce application time for the licensee and the authority and to ensure clear asset ownership

HAs worked closely with DfT to develop the guidance and it is supported by their sector stakeholder groups.

An update to the SROH is also planned to ensure standards are updated to reflect the needs of organisations installing EV infrastructure across the highway. It is expected this update will provide confidence to HAs when reviewing licencing applications from EV infrastructure organisations.

The SROH is statutory guidance and its use is well established within the sector.    

2. Grant EV CPOs the right to carry out street works using permits rather than a licence

We propose to amend legislation where necessary to grant EV CPOs the right to carry out street works using a permit rather than a section 50 licence. This would mean that EV CPOs would also be able to access Street Manager across England.

The benefits

We believe it would be much cheaper and quicker for EV CPOs to be able to obtain a permit than a section 50 licence.

Fees and timescales for permits are set out in statutory guidance and are consistent in every HA area.

All permit applications can be applied for online via Street Manager, which is in use by every HA in England, so there will be one way of applying for permits for all areas.

It will help both HAs and EV CPOs to better coordinate works and make it easier to establish ownership of apparatus. Information about planned and live works would be included in the open data that the DfT streams to a range of date users.

No further development is needed for Street Manager.

EV CPOs would have to pay Street Manager charges and permit fees, but we expect this to be much cheaper than the costs of section 50 licences. It will also save administration time for HAs and EV CPOs. Street Manager charges and maximum permit fees are set by DfT. Charges for Street Manager cover service support, continuous improvement and the cloud data storage.

EV CPOs must, as now, comply with other NRSWA requirements, such as those relating to reinstatements and safety.

The challenges

Granting EV CPOs the right to carry out street works would be a novel approach. 

Other organisations with a statutory right to carry out street works are licensed by an industry regulator. Typically, these are usually known as statutory undertakers and the public services they provide are subject to industry regulators. 

We are not proposing to replicate regulator industry oversight or to amend how EV CPOs are licensed. Street works is a highly regulated sector with a range of requirements set out in legislation that must be complied with, which we are not proposing to change. 

However, should we pursue this option, we would need to develop a framework to ensure EV CPOs are verified before they could be granted Street Works Act (SWA) codes, which would enable them to access permits and Street Manager. 

An organisation cannot conduct street works without being allocated an SWA code. As these organisations currently have no regulator, such as the Office of Gas and Electricity Markets (Ofgem), and we propose to bring installers into the permit regime, we will need to ensure there is a way of verifying that CPOs have the necessary authority to install EV chargepoint infrastructure. 

Granting EV CPOs the right to carry out street works would mean EV CPOs accessing the permit regime as a non-statutory undertaker. This would be new to the permitting regime. As such, we would consider issuing new guidance or amending our existing guidance to support both EV CPOs and HAs in their operations.

Section 115 of the Highways Act 1980 

As noted above, we are aware that some authorities may be asking EV CPOs to apply for permission under section 115E of the Highways Act 1980 in addition to the section 50 licence or permit. It should be noted that section 115E permission is not necessary if the organisation installing the chargepoint has either a pre-existing statutory right to carry out the street works or a section 50 licence. Only a statutory right or a section 50 licence is required. 

Permission under section 115E would also not be required if EV CPOs are given access to permits. We propose clarifying this by amending the 1980 Act to prevent HAs from granting permission under section 115E for EV chargepoint installation where this is capable of being authorised by a permit.

Full list of questions

These questions are listed here to give you an overview of what we are asking. You can find a link to the questionnaire in the Ways to respond section for this consultation.

Question 1

Do you agree or disagree with our proposal to give electric chargepoint operators access to permits rather than licences?

Question 2

What do you believe would be the benefits of giving electric vehicle chargepoint operators access to the permit regime rather than licences? Are there any specific impacts or consequences that you believe DfT should consider? (These benefits should be in addition to the benefits already listed.)

Question 3

What do you believe would be any drawbacks of giving electric vehicle chargepoint operators access to the permit regime rather than licences? Are there any specific impacts or consequences that you believe DfT should consider? (These challenges should be in addition to the challenges already listed.)

Question 4

Do you agree or disagree that an amendment should be made to section 115 of the Highways Act 1980 to prevent HAs from granting permission under section 115E for EV chargepoint installation where this is capable of being authorised by a permit? 

The following questions about current working practices are specifically directed at highway authorities or organisations involved with installing electric vehicle charging infrastructure. While they are optional, replies to these questions will help us to expand the evidence base on the options proposed in this consultation.

Questions for EV chargepoint operators

What do you currently pay, on average, when applying for a section 50 licence?

In your view, does the application fee for a section 50 licence vary regionally in different parts of England?

How much do application fees for a section 50 licence vary regionally in England?

In 2022, how many section 50 licences did you apply for?

In 2022, what was the average number of chargepoints covered by your single section 50 licence application?

Approximately how many people in your company were involved in submitting applications for section 50 licences in 2022?

On average, what were the total hours worked for all staff to submit one section 50 licence in 2022?

If implemented, what impact would you anticipate the proposal to have regarding the hours worked during the application process?

Questions for highway authorities

How many people are involved in processing section 50 applications?

What is the average fee you currently charge for one section 50 application from an EV chargepoint operator?

How many section 50 applications did you receive from EV chargepoint operators in 2022?

On average, how many hours are required to process a section 50 application?

How many people are involved in processing permit applications via Street Manager?

On average, how many hours are required to process a permit application via Street Manager?

How to respond

The consultation period began on 5 February 2024 and will run until 12 April 2024 at 11:59pm. Please ensure your response reaches us before the closing date.

The easiest way to respond is via the online questionnaire. You can find a link to the questionnaire in the Ways to respond section for this consultation.

If you cannot respond online, there is also a downloadable form and an email and postal address.

When responding, state whether you are responding as an individual or representing the views of an organisation. If responding on behalf of a larger organisation, make it clear who the organisation represents and, where applicable, how the views of members were assembled.

We do not expect you to submit evidence or views in response to every question listed if not applicable.

If you have any suggestions for others who may wish to be involved in this process, contact us.

What happens next

A summary of responses, including the next steps, will be published when the government has decided the outcome.

If you have questions about this consultation, email streetmanager@dft.gov.uk.

Freedom of information

Information provided in response to this call for evidence, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

In view of this, it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on DfT.

DfT will process your personal data in accordance with the Data Protection Act (DPA) and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

Confidentiality and data protection

DfT is carrying out this consultation to gather your views on proposals relating to works and how they are managed by utility companies and highway authorities. This consultation and the processing of personal data that it entails is necessary for the exercise of our functions as a government department. If your answers contain any information that allows you to be identified, DfT will, under data protection law, be the Controller for this information.

As part of this consultation, we’re asking for your name and email address. This is in case we need to ask you follow-up questions about any of your responses. You do not have to give us this personal information. If you do provide it, we will use it only for the purpose of asking follow-up questions. Responses will be held for 5 years.

DfT’s privacy policy has more information about your rights in relation to your personal data, how to complain and how to contact the Data Protection Officer.

Consultation principles

The call for evidence is being conducted in line with the government’s consultation principles.

If you have any comments about the consultation process, email consultation@dft.gov.uk or write to:

Consultation Coordinator
Department for Transport
Zone 1/29 Great Minster House
London, SW1P 4DR