- This topic has 3 replies, 4 voices, and was last updated 1 year, 1 month ago by Jim O’Donnell.
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Do installers of public (or Car Club) charging stations have to apply for planning permission or is it a private arrangement with the highways authority?
I sent the message below to Enterprise Car Club. It concerns the installation in West Saville Terrace but there are identical charging stations in the Grange.
” Attached are two photographs which I took today of the charging station in West Saville Terrace, Edinburgh. I was walking past the charging station this afternoon when I noticed the cable trailing in the road. The other photo taken after I wrapped the cable round the charger and tucked the plug inside the protective frame. At other chargers that were in use I have seen loops of cable over the pavement or projecting into the road.
These cables are an obvious trip hazard, to pedestrians. They could be caught by passing vehicles and in the case of cyclists or motorcyclists, especially at night, could result in serious injury. The cable and plug could suffer damage by being run over by vehicles.
There appears to be no provision for cable management. In view of the ignorance or lack of concern shown by users of the chargers an active management system is required. This design of charger may be suitable for installation at the back of parking areas where there is no pedestrian or vehicle traffic but it is quite unsuitable for a public road.
What instructions do you give to charger users concerning management of the cable?
In the event of an injury or damage claim by a pedestrian or other road user do you accept responsibility or will the user of the charger be held responsible?
“Anyone else got thoughts on this?
Not my reply, but potentially helpful…
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“In the UK, the installation of public on-road electric vehicle (EV) charging stations typically requires planning permission from the local planning authority. This process ensures that installations are appropriately sited and comply with local planning policies. Additionally, coordination with the local highways authority is necessary to address any potential impacts on road safety and traffic management. Therefore, such installations are not solely private arrangements with the highways authority but involve formal planning procedures.”
Regarding accountability for charging stations linked to accidents, several legal frameworks may apply:
1.Occupiers’ Liability Act 1957: If a charging station is located on premises such as a car park, the occupier (which could be a local authority or private entity) has a duty to ensure that visitors are reasonably safe. Failure to maintain safe conditions could lead to liability under this Act.
2.Negligence: If an accident occurs due to improper installation or maintenance of a charging station, the responsible party (installer or operator) could be held liable for negligence. This would require proving that they owed a duty of care, breached that duty, and caused harm as a result.
3.Electricity at Work Regulations 1989: These regulations mandate that electrical systems, including EV charging stations, are safely constructed, maintained, and operated. Non-compliance can result in enforcement actions and potential liability if accidents occur due to electrical faults.
“In summary, the installation of public on-road EV charging stations in the UK necessitates planning permission and coordination with local authorities. Various legal mechanisms exist to hold installers and operators accountable for accidents, primarily through occupiers’ liability, negligence claims, and adherence to electrical safety regulations.”
Those types of charge point are not designed to have cables left there – they’re owned by the drivers and normally kept in the car.
Possible explanations are that the charge point erroneously prevented the drivers from removing the cables or possibly that new drivers (maybe using an EV for the first time) didn’t realise you took the cable with you.
So the instruction to the charger user is “After you’ve disconnected your cable, put it in the boot.”
Kind regards
Jim
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