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Report 9 April 2024

Our response to changes to various permitted development rights: Department for Levelling Up, Housing & Communities consultation

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Our policy experts respond to a consultation regarding changes to various permitted development rights, including:

Changes to the permitted development rights for the installation of electrical outlets and upstands for recharging electric vehicles.

Do you agree that the limitation that wall-mounted outlets for EV charging cannot face onto and be within 2 metres of a highway should be removed? 

Yes. EV chargepoint designs have much improved compared to the earliest models so legislation should reflect this.  

Do you agree that the limitation that electrical upstands for EV charging cannot be within 2 metres of a highway should be removed? 

Yes. EV chargepoint upstand designs have much improved compared to the earliest models so legislation should reflect this.

Do you agree that the maximum height of electric upstands for EV recharging should be increased from 2.3 metres to 2.7 metres where they would be installed in cases not within the curtilage of a dwellinghouse or a block of flats? 

Yes. It is reasonable to increase the maximum parameters as the technology being developed by industry evolves. 

Do you agree that permitted development rights should allow for the installation of a unit for equipment housing or storage cabinets needed to support non-domestic upstands for EV recharging? 

Yes. We agree with this subject to the limitations and conditions set out. 

Do you agree that the permitted development right should allow one unit of equipment  

Yes. If more than one unit of equipment housing or storage cabinet is required, then planning permission should be sought from the local planning authority, but a maximum limit doesn’t need to be stipulated.

Do you agree with the other proposed limitations set out at paragraph 60 for units for equipment housing or storage cabinets, including the size limit of up to 29 cubic metres? 

Yes. We agree subject to these limitations being deemed reasonable and workable by local businesses and the charging industry.

Do you have any feedback on how permitted development rights can further support the installation of EV charging infrastructure?

Yes.

  • The permitted rights to install EV chargepoints in residential on-street locations should be extended to Grant Charge Point Operators (CPOs) and DNOs (and their appointed sub-contractors) instead of them needing to apply for a section 50 licence.
  • Setting a maximum power rating for EV chargepoints should be avoided as it is preferable for this to be settled via negotiations between the local authority, their CPO, their DNO and the local community, based on evaluations (technical, commercial, community) of charging demand during the anticipated working life of the chargepoints to be installed.

Do you think that any of the proposed changes in relation to the Class D and E of Part 2 permitted development right could impact on: a) businesses b) local planning authorities c) communities? 

Yes.

  • Local businesses are likely to have particular requirements for EV charging infrastructure. For example, they may require greater provision of rapid and ultra rapid chargers, to minimise the downtime resulting from lengthy recharging sessions. 
  • Local planning authorities should be able to plan future EVI specifications without being constrained by funding rules set by providers of grant funding or finance.
    It is also important that criteria for the number and power ratings of chargepoints is not prescribed nationally as local planning authorities should be empowered to manage developments of EV charging infrastructure in their local area.
  • Communities- it is important that there is meaningful community engagement before, during and after decisions regarding EV charging infrastructure development. 

Changes to the permitted development right for air source heat pumps within the curtilage of domestic buildings 

Do you agree that the limitation that an air source heat pump must be at least 1 metre from the property boundary should be removed? 

Yes. Whilst the 1 metre limitation was initially intended to mitigate noise concerns, this has proven to be an overly restrictive proxy measure for noise.

We would support a blanket acceptance of air source heat pumps in any reasonable location where there is no detrimental impact to neighbouring properties through noise or loss of visual amenity in sensitive areas such as areas of natural beauty. 

Do you agree that the current volume limit of 0.6 cubic metres for an air source heat pump should be increased? 

Yes. Larger heat pumps cases allow for bigger fans, which can help reduce noise. Realistically the loss of visual amenity through a case size at (for example) 1m3 versus 0.6m3 is negligible, and the benefits of reduced noise outweigh this consideration. We feel that heat pump manufacturers are best placed to decide appropriate case sizes and should be able to self-regulate this. 

Are there any other matters that should be considered if the size threshold is increased?

No. We believe that heat pump manufacturers will arrive at sensible decisions on appropriate case designs, as they will not want inappropriately large heat pumps that installers will not be able to recommend to customers. 

Do you agree that detached dwelling houses should be permitted to install a maximum of two air source heat pumps?

No. This would need to be considered on a case-by-case basis, with the presumption in favour of more than two where there is no demonstrable detrimental impact or loss of amenity to neighbours.

As the preamble suggests, there must be consideration given to the cumulative impact of multiple heat pumps as doubling the number of heat pumps does not double the amount of nuisance “noise” (based on the physics of sound, a doubling of real-world volume is only an increase of 3db). 

Do you agree that stand-alone blocks of flats should be permitted to install more than one air source heat pump?

Yes. There are around 5.4 million households living in flats in Great Britain, so ensuring heat pumps can be installed will be an important step to decarbonising our housing stock. As above, this will still need to be considered on a case-by-case basis because there are many possible variations for the definition of “stand-alone flats”.

There will also need to be clarification around the definitions of visibility and loss of amenity as a result of equipment in shared garden spaces. For example, flat roofed buildings could easily have multiple installations on the roof with a perimeter enclosure that mean they were invisible from the ground.

Do you agree that the permitted development right should be amended so that, where the development would result in more than one air source heat pump on or within the curtilage of a block flats, it is subject to a prior approval with regard to siting?

Yes. We agree that this is a sensible approach to take.

Are there any safeguards or specific matters that should be considered if the installation of more than one air source heat pump on or within the curtilage of a block of flats was supported through permitted development rights?

Yes. Other factors to consider include loss of amenity in shared leisure spaces or garden areas in relation to noise, access or safety. 

Do you have any views on the other existing limitations which apply to this permitted development right that could be amended to further support the deployment of air source heat pumps? 

No comment. 

Do you think that any of the proposed changes in relation to the Class G of Part 14 permitted development right could impact on: a) businesses b) local planning authorities c) communities? 

Yes.

  • Impacts on business: the impacts of the above changes would be positive for businesses by unlocking faster routes to installation with fewer barriers. 
  • Impacts on local planning authorities: local authorities often face time and resource constraints so easing permitted development right rules will free up their time and resource to focus on other net zero related projects, such as Local Energy Area Plans.  
  • Impacts on communities: easing permitted development rules will help more households transition to low carbon heating in their homes. Transitioning away from gas will also improve air quality for communities and thereby reduce healthcare costs. 

Last updated: 7 November 2024