Cross-pavement solutions for charging electric vehicles
Published 24 December 2024
Applies to England
Introduction
This guidance is designed to help local authorities in England to develop policies about the safe and effective use of cross-pavement solutions, which can provide residents with convenient charging options.
It provides information on the areas, regulations and processes to consider when forming policy. The guidance includes case studies of local authorities that have successfully trialled installation.
The cross-pavement charging solutions market is at an early stage. However, a variety of solutions have been trialled by local authorities who have shared the processes they have adopted and learning points within this guidance.
The decision to allow the installation of a cross-pavement solution in the public highway rests with the relevant local authority. The suitability of an individual location is dependent on factors set out in this guidance.
Solution types
There are 2 main types of solutions that have been subject to trials and are currently on the market.
Cable channels embedded within the pavement
Sometimes referred to as ‘gullies’, these are proprietary systems designed to temporarily house the charging cable whilst the vehicle is being charged. The cable is removed once charging is complete. These are the most common solution used at present and trials have taken place in multiple local authorities using various suppliers.
This document will predominantly focus on this type of solution.
Images 1 and 2: examples of cable channels or gullies in the pavement
Permanent under pavement cables
Solutions where a permanent charging cable is laid below the pavement, connecting the domestic chargepoint via removeable bollards, a lance, or other connectors to the vehicle.
Image 3: removable chargepoint with cable laid under pavement
There are other emerging technologies, such as charging bridges, that are not covered in this guidance document.
This guidance does not cover temporary solutions, such as cable covers or mats, which can be placed on top of a cable. These create a small ramp which can lower pedestrian trip hazards. This guidance may be relevant and inform a local authority’s decision on whether to permit the use of such covers and mats locally.
For any cross-pavement charging solution, a local authority should be satisfied it meets construction, safety, accessibility, and other standards before agreeing to the apparatus being installed on a public highway.
Policy design
The decision to permit the installation of a cross-pavement solution rests with the relevant local authority. Local authorities should think about the following factors when considering their approach to cross-pavement solutions:
- local landscape
- associated costs
- ownership models and maintenance
- government support
- permissions
- liability
- associated chargepoint installations
- minimum standards
- agreement on responsibilities
Local landscape
Installation of cross-pavement charging solutions can be initiated either by a local authority or, more commonly, by a resident seeking to charge their vehicle from their home.
Local authorities should consider how an installation complements local charging strategies or local transport plans.
Permissions for an installation may sit across different authorities or departments within the same authority. In England, where there are 2 tiers of local government, the local transport plan and highways authority will generally sit within the upper tier but planning permission will be at lower tier level.
Local authorities are encouraged to identify and engage with relevant parties (planning departments and EV teams) to understand and coordinate the process.
Local authorities should keep:
- a record of the location and type of installations
- information on who is responsible for maintaining the apparatus
This will help to monitor and evaluate local policy and maintain an understanding of the local streetscape. Local authorities may wish to develop a specific policy on when to approve an individual cross-pavement solution request in conjunction with relevant parties. This policy may include the following criteria.
The availability of parking adjacent to the applicant’s property
These solutions are most effective where a resident can park on-street by their property at least once per week.
The installation of a cross-pavement solution does not give the resident ownership or priority to the parking space outside their home, and this should be made clear to the resident. Exceptions to this may apply, when, for example, the space is a designated disabled parking bay.
Local authorities should also consider how this may overlap with any local parking restrictions or permit systems in place, such as controlled parking zones. The English Housing Survey’s definitions of adequate and inadequate on-street parking can help to inform decisions but discretion ultimately lies with the authority.
Physical factors of the site
For example, the type of pavement construction, width of pavement, and the safety of the intended parking area. The presence of double yellow lines or adjacent crossings or junctions should also be considered.
The presence of existing assets
Local authorities should consider the presence of other assets in the area (for example, piping, telecoms cabling), their condition and the impact the installation of a cable channel may have on their condition or future access. The positioning of the cross-pavement solution may need to avoid surface utility access covers or tree roots.
Local authorities may also consider:
- how demand for multiple installations in a local area can lead to efficiencies, such as through shared charging services - often referred to as community charging services or peer-to-peer charging
- relevant usage by specific groups of residents, for example, those with disabilities, those using their electric vehicle professionally or those living in a particular area or type of housing ownership
Ownership models and maintenance
Prior to installation of a cross-pavement solution, a local authority will need to confirm arrangements for the initial installation and ongoing responsibility for the maintenance of the equipment with the resident and/or cross-pavement solution provider.
There are a variety of solutions and ownership models available where the installation processes, ownership arrangements and maintenance responsibility vary.
A local authority may wish to pre-approve suppliers of cross-pavement solutions or allow residents to seek their own. A cross-pavement solution supplier is often able to tailor their delivery model to meet a local authority’s needs as one approach may not suit all local circumstances or locations.
There are 2 types of ownership model a local authority may wish to follow.
Model 1 – local authority owned
The local authority owns the cross-pavement solution and is responsible for installation and maintenance. The resident will then pay an up-front one-off fee or an ongoing subscription to use it.
Model 1 case study – highways team liable for maintenance of cable channel for 3 years
Milton Keynes City Council have developed a service for EV cable channels using a specific solution supplier.
The resident pays for the initial survey fee and, if satisfied, the highways team grant permission to install.
The resident pays for a highways-approved contractor to install the channel.
Conditions for use are clearly laid down in a terms of reference document.
The highways team retain maintenance liability for the cable channel, but the resident is responsible for the chargepoint and cable.
After an initial 3-year maintenance period, the homeowner (whether new or existing) may extend permission for the cable channel for an annual fee. This will cover the continued insurance indemnity, routine inspections, any required maintenance and administrative costs. If the permission is not extended after the 3-year period, or annually thereafter, the council may remove the channel and reinstate the footway surface.
Model 2 – supplier owned
The supplier of the cross-pavement solution retains ownership of the solution. The supplier is responsible for maintenance and organising the installation once they have received necessary permissions from the local authority.
Model 2 case study – resident pays subscription fee to supplier
Following a successful trial at the London Borough of Brent and Oxfordshire County Council, hosts were invited to sign up to a 2-year contract where the supplier would charge a nominal fee for access to the units.
This fee was to cover maintenance and provision of the software systems necessary for the solution to function.
This was set out in detail in the contract.
It was agreed that if at the end of the trial a participant decided they no longer wanted to have the solution at their property, then the supplier would remove it and reinstate the street and property free of charge.
Maintenance
Maintenance responsibilities should be established as part of the terms of agreement. These can vary depending on the terms and conditions and ownership model. When drawing up responsibilities local authorities should consider breaking down requirements into:
- regular maintenance – removal of leaves or grit in cable channel
- long-term maintenance – cracks or un-levelling
Possible approaches to maintenance responsibilities include:
- resident is responsible for reporting damage and costs of maintenance to the channel, chargepoint, cable and any repairs
- resident pays a fee to the cross-pavement solution provider or local authority to cover the long-term maintenance of the cable channel – the resident remains responsible for small day-to-day upkeep, for example, removing leaves and dirt in the cable channel
Maintenance liabilities are also part of any permit or Section 50 licence issued - see the section of this guidance on permissions.
Associated costs
The cost to install a cross-pavement charging solution varies and is subject to the parameters of the installation site, surrounding infrastructure and the specific solution selected. Installing multiple units at once is likely to be more cost-effective.
The party who incurs each cost may vary depending on the ownership model and contractual terms agreed by the local authority, resident and solutions provider.
This section lists potential costs and the financial support available.
Cross-pavement solution installation costs
Hardware and labour costs for chosen solution.
Cost of licences, including Section 50 (where required).
Regular and long-term maintenance and liabilities (subscriptions or upfront payments).
Chargepoint installation costs
Purchase and installation by the resident of a chargepoint by a qualified electrician (including hardware and labour costs).
Grid upgrades or unlooping of properties (if required).
Public liability insurance where required.
Some cross-pavement providers may install a chargepoint alongside their cross-pavement solution. This is dependent on the cross-pavement solution provider and their installation model.
Planning permission costs
Planning permission for the EV chargepoint and cross-pavement solution.
Planning permission may not be required when a local development order is in place - see the section of this guidance on Permissions for more information.
Government support
The Local Electric Vehicle Infrastructure (LEVI) Fund supports local authorities in England to work with industry and transform the availability of charging for drivers without off-street parking. It is expected to deliver tens of thousands of local chargepoints, ensuring the transition to EVs takes place in every part of the country. Local authorities can include cross-pavement solutions in their LEVI capital fund projects where these form a coherent part of local plans. Cross-pavement solutions supported through LEVI must form the minority of a project. Local authorities are also expected to leverage commercial funding or homeowner contributions to support cross-pavement solutions.
In addition to local authorities accessing funding for the cross-pavement solution, the resident can also apply for a government grant for the chargepoint itself.
EV users with local authority permission to install a cross-pavement solution can claim a grant up to £350 or 75% of the total cost of installing a chargepoint.
Read separate guidance on EV Chargepoint Grant for Households with On-Street Parking.
LEVI funding case study
In January 2023 Nottinghamshire County Council received LEVI Pilot funding to trial the installation of up to 300 cable channels. The purpose of the trial has been to enable households without off-street parking to charge their vehicle on the highway outside their home using a domestic EV chargepoint.
Funding covers the costs to install the on-highway EV cable channels (and enabling works) only, which would otherwise have been funded by the householder.
The householder is liable to fund the purchase and installation of the domestic EV chargepoint on their property.
Householders must commit to supplying required monitoring information to be eligible to take part in the pilot project.
Permissions
Prior to installation, permissions must be sought from the local highway authority and/or local planning authority, depending on the ownership model. The local highway authority and local planning authority are responsible for the maintenance and management of highways and public spaces. As such, they will need to assess any proposal for its impact on traffic, pedestrian safety, accessibility and the surrounding environment.
Who needs to apply for the permissions will be dictated by the ownership model and installer chosen by the local authority. Where the road has not been adopted by the highway authority, the resident should seek permission from the landowner instead. Relevant permissions may include:
- section 50 licences/work permits
- traffic regulation orders
- planning permission/local development orders
Section 50 licences/work permits
Utility companies, local authorities and some other organisations have statutory powers to install, maintain and repair apparatus in a public highway. This must be carried out in accordance with requirements of the New Roads and Street Works Act 1991 (NRSWA) and after obtaining a permit from the relevant highway authority under the Traffic Management Act 2004 (TMA) for England and Wales. Where a local authority or a contractor employed by the local authority installs the cross-pavement solution, the work will be done under their permit.
For anybody that is not a statutory undertaker, they must apply for a licence under Section 50 of NRSWA from the relevant highway authority if it wishes to place, or to retain, apparatus in the street. Apparatus could include ducting and cabling and associated junction boxes.
A key element of the section 50 licence is to identify ongoing liability for maintenance of the cross-pavement solution, reinstatement and removal when no longer needed.
Local authorities must ensure that the licence holder is able to comply with ongoing requirements with the NRSWA - most notably, under sections 60, 65, 70, 75, 81 and 82.
This could include if other utilities need access to their apparatus which might be underneath the cross-pavement solution.
NRSWA does not limit the number of works that may be covered by a section 50 licence, nor does it limit these works to one location. Therefore, the authority may group multiple works under a single licence.
Read separate guidance on issuing Section 50 licences.
Traffic regulation orders
Traffic regulation orders (TROs) are used by highway authorities to implement most traffic management controls on their roads. They are not normally needed for cross-pavement solutions as the infrastructure is not generally accompanied by any reserved parking. However, they will be needed if a local authority wants to designate on-street parking bays.
A temporary TRO (TTRO) may be needed during installation works, for example, to cover temporary traffic management arrangements. Where appropriate, local authorities should let applicants know as soon as possible that a TTRO is needed and how they can apply. This enables applications for TTROs to proceed in parallel with the Section 50 licence application.
Planning permission
Applicants will need to obtain necessary planning permissions from the relevant local planning authority. Where applicable, local planning authorities will wish to consider the most appropriate consenting route for the works associated with the cross-pavement solution and associated EV chargepoint.
Any planning application will need to be supported by relevant documentation such as plans, relevant forms and associated fees. Applications should be determined in accordance with the local plan for the area unless material considerations indicate otherwise (including policies contained within the National Planning Policy Framework).
Planning permission will be required for all private chargepoint installations serving an on-street parking area unless a local development order (LDO) is in place. A LDO allows for permitted development rights that are locally determined and specific to a defined type of development and location. LDOs may be used by local authorities to remove the need for planning permission for the chargepoint and in consultation with the local highways authority consider how to approach any associated works relating to cross-pavement solutions where appropriate. It is a decision for the local planning authority to determine whether to bring forward an LDO.
Permitted development rights, as set out in Schedule 2, Part 2, Class E of the Town and Country Planning (General Permitted Development) (England) Order 2015, can only be used for installations within areas lawfully used for off-street parking.
Minimum standards for installation and apparatus
Standards for cross-pavement apparatus
For any cross-pavement solution proposed, a local authority should be satisfied that the apparatus itself is suitable and safe before agreeing for it to be placed on a public highway.
There is no specific British standard produced for cross-pavement charging solutions. BS EN 124-2015 provides guidance on the use of gully tops and manhole tops for vehicular and pedestrian areas. BS EN 1433-2002 provides guidance on the use of drainage channels for vehicular and pedestrian areas. Comparative standards may be considered appropriate for the strength and skid resistance of cable channels.
For cross-pavement solutions where a cable is permanently buried below the pavement, similar standards to that of a public chargepoint will be appropriate. These may include:
- BS EN IEC 61851-1:2019 – Electric vehicle conductive charging system-Part 1: General requirements
- BS EN IEC 61439-7 – Low-voltage switchgear and control gear assemblies-Part 7: Assemblies for specific applications such as marinas, camping sites, market squares, electric vehicle charging stations
Local authorities should also consider other relevant guidance when considering local requirements, including:
- Inclusive mobility: making transport accessible for passengers and pedestrians
- The Manual for Streets
The Specification for the Reinstatement of Openings in Highways
The Specification for the Reinstatement of Openings in Highways (SROH) outlines standards for reinstating the highway after street works. It prescribes materials that may be used for reinstating the highway after civil works are completed, the expected standards of workmanship and performance standards to be complied with at both interim and permanent reinstatement stages, and for the duration of the relevant guarantee period. An undertaker (which includes those working under a section 50 licence) executing the street works must guarantee the reinstatement for 2 years and works related to the installation of cross-pavement solutions must conform to the prescribed standards set out.
DfT has published an addendum to the SROH to specifically address the reinstatement of highways for cross-pavement solutions that provide access to EV chargepoints. This includes statutory minimum technical standards covering elements such as maximum protrusion and suitable surround materials. The SROH does not cover standards for the cross-pavement solution equipment itself.
For cross-pavement solutions with permanent cables running under the pavement the standards found in the existing SROH will be relevant.
Although the SROH only applies to public highways, this standard could also be used by developers and owners of unadopted roads who may seek adoption in the future.
Responsibilities
Liability
Liability for legal recourse is likely dependant on the specific circumstances and the arrangements between residents, the local authority and/or the cross-pavement solution provider. This would include any:
- accidents due to using the cross-pavement solution during an EV charging session
- accidents occurred when the cross-pavement solution is not in use
- damage during installation, maintenance and removal
For example, if the accident occurred because of the reinstatement around the solution not being adequately maintained, then liability will most likely rest with the installer. However, if the resident signs an agreement to ensure the solution is left safe when in use but then leaves excess charging cable on the pavement causing a trip hazard, then liability will most likely rest with them.
Managing access
The local authority should consider how to address situations where the resident fails to pay, or a new resident moves into the property and no longer desires a cable channel. In these instances, the local authority should consider how to remove the cross-pavement solution or prevent its usage by a modification, such as a capping mechanism.
Consideration should be made for how to ensure that new residents are covered by the original agreement between parties. This can be addressed as part of any terms and conditions.
Liability for the cable vs liability for the channel case study
Under the service agreement for cable channels, Milton Keynes City Council requires the resident to have public liability insurance against any claim in respect of injury, damage, loss, or third-party claim, in the event of misuse relating to their charging cable. This includes through their home insurance.
The resident must also report any safety issues or visible defects with the cable channel to the council and agree any new homeowner be told of these responsibilities through their solicitors.
The council retains responsibility and liability should any injury or damage etc occur due to the cable channel itself, assuming it has been used properly by the resident.
Local authorities may seek to agree liability with a resident using the signed resident agreement. Local authorities are encouraged to seek legal advice on this topic once an ownership model has been selected.
Agreement with new resident case study – Central Bedfordshire Council
When a resident with a cross-pavement solution moves home, under their terms of use agreement they must notify the council. The council will then liaise with the new resident to see if they still want to use the channel and if so, agree a terms of use agreement.
Associated chargepoint installation
The resident is responsible for the installation of a safe and suitable chargepoint at the property.
There is grant funding available to households with on-street parking installing an EV chargepoint with a cross-pavement solution. Households applying for this grant must arrange for their chargepoint installation through an authorised installer. This installer will advise customers on the installation of an appropriate eligible chargepoint for their property.
Installations supported by an OZEV grant must meet specific safety standards.
Installations of EV charging equipment must comply with BS-7671. This includes considering eventual proximity of charging electric vehicles with separately earthed equipment, such as another charging vehicle or lamp post. This should be considered as part of any site suitability checks. This may involve engaging with the local distribution network operator (DNO) to confirm the earthing arrangements in the location.
Local authorities should strongly consider their policy requiring cable channels to be used with a dedicated EV chargepoint. The policy should also consider if the chargepoint must be installed before or after installation of the cross-pavement solution.
Electrical safety requirements can be included in any agreement required to be signed by the resident, prior to installing the cross-pavement solution. Local authorities may also consider periodic inspection or testing of electrical installations that use cross-pavement solutions for EV charging purposes. Note that the chargepoint installer has a duty to comply with safety regulations when installing electrical equipment.
If a chargepoint has not already been installed by a resident, local authorities may wish to seek assurance from a resident that installation is coming before commencing installation works. This could be an order confirmation from a chargepoint installer and a commitment to send a valid electrical safety certificate post installation.
Resident responsibility for the chargepoint case study
In the resident terms and conditions for installation of cable channels, Milton Keynes City Council outlines that the resident is responsible for all equipment other than the actual cable channel, including the chargepoint and cables.
As part of this, the resident must agree to assuring their chargepoint always meets all current relevant legislation and electrical safety guidelines.
The resident is not permitted to start using the cable channel until they have provided an electrical safety certificate for their home chargepoint.
Written agreement on responsibilities
A long-term framework to maintain oversight of maintenance and the associated asset liabilities should be established. This includes arrangements for ongoing asset ownership and responsibilities of relevant parties (for example, local authority, resident, highway authority and cross-pavement solution provider).
Under Section 178 of the Highways Act 1980, no person shall fix or place any overhead beam, rail, pipe, cable, wire or other similar apparatus over, along or across a highway without the consent of the highway authority for the highway, and the highway authority may attach to their consent such reasonable terms and conditions as they think fit.
Some local authorities have used the consent required under section 178 to set out the responsibilities of the resident.
An effective agreement will:
- be made in writing
- record the terms agreed between the parties
- help ensure the rights and interests of all parties are protected for the duration of the agreement
- commit to obtaining the appropriate consents – for example, Section 50 licence, permission of the freeholder if the applicant does not own of the property
- set out the conditions of use, for example, installation of a cross-pavement solution does not confer any automatic rights of use of the parking space adjacent to it and they are not to add any cones or signs implying the reservation for parking or charging EVs
- include safety precautions – for example, a recommended maximum charging distance so extra-long or spare cables aren’t left on the footway or posing trip hazards, removal of cable when not charging, ensuring any cable covers etc are kept closed, minimum specification for cables, ensuring the chargepoint and property have a valid electrical test certificate, not running the charging cable across the road
- clarify liability for accidents/incidents
- identify if public liability insurance will be required for residents and evidence that this is in place
- establish responsibility for both short term maintenance (for example, clearing of leaves from the cable channel) and longer-term maintenance of cable channel and reinstatement works to the pavement
- clarify liability for removing cable channel to allow utility works running longitudinally in the pavement and ensure commitment not to charge whilst the footpath is open for such works
- include a review mechanism to terminate a clause early and resolve disputes or misunderstandings
- clarify responsibilities when the resident moves house or no longer wants the cross-pavement solution
- include clear responsibilities for costs incurred, marketing arrangements and engagement to support monitoring and evaluation
- have consideration on whether to allow shared charging services (often referred to as community charging services or peer-to-peer charging) for the cross-pavement solution
Licensing and subscription scheme case study
Oxfordshire County Council plans to run an in-house EV cable channel scheme, where the council will be the owner of the cable channels, which will be installed and maintained through the council’s contractor.
The council has developed a user licence agreement for residents. The user licence sets out the terms and conditions for safe use of the EV cable channel and includes obligations for the licensee to indemnify the council against any public liability claims.
Benefits of cross-pavement charging solutions
Cost and convenience to charge
For residents, domestic charging is often cheaper and more convenient to use than public infrastructure. Cross-pavement solutions allow an EV cable to pass across or through a pavement in a safe manner, in certain cases enabling access to domestic tariffs where residents do not have dedicated off-street parking.
Removes risk of trailing cables
As domestic charging is often cheaper and more convenient, some EV owners without off-street parking have been trailing cables from their properties across the pavement. This can cause a trip hazard for members of the public, especially individuals with limited mobility and/or sensory impairments, and may amount to a breach of Part IX of the Highways Act 1980. Cross-pavement solutions reduce the risk of trailing cables and allow a safe way of charging without off-street parking.
Access to smart EV charging
Cross-pavement solutions enable drivers to access domestic flexible smart tariffs which further reduce the price of charging and benefit the electricity grid and enable increased utilisation of renewable energy.
Street furniture and protection of green spaces
Many cross-pavement solutions do not add additional street furniture such as bollards, or require reserved parking bays, so can provide additional options in areas where on-street public charging may be less practical, complementing the public charging offer in a locality.
In addition, in some areas EV users without off-street parking have been converting their front gardens into driveways. The installation of cross-pavement solutions can prevent the need for doing so, protecting urban green spaces.
Access to domestic EV charging
Statistics from the English Housing Survey (EHS) estimate that approximately 8 million households (32%) in England do not have access to off-street parking, such as a drive, garage or residential car park.
However, of those, almost 4 million households (16%) have access to ‘adequate on-street parking’, defined in the EHS as ‘street parking generally being available outside or adjacent to the house or block of flats where the surveyed flat is located, and the road is sufficiently wide to allow easy passage of traffic’. These households could potentially benefit from domestic EV charging safely with the installation of cross-pavement solutions.
Northern Ireland, Scotland and Wales
This guidance applies to England only. Road works are a devolved area, and each part of the UK handles access to the road in different ways.
Northern Ireland
For enquiries relating to Northern Ireland contact the Department for Infrastructure at: TDU@infrastructure-ni.gov.uk.
Scotland
You can find information about the Scottish framework on the website of the Scottish Road Works Commissioner.
The Commissioner is not directly involved in individual decisions or applications for charge points. The responsibility for this lies with the relevant roads authority.
Wales
For enquiries relating to Wales contact: EVInfrastructure@tfw.wales.