The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2026

Published: Wed 30th Sept 26

Expanded permitted development rights for electric vehicle chargers and electricity substations while extending temporary permissions for schools with RAAC-affected buildings.

This Order expands permitted development rights in England to allow the installation of electric vehicle charging points within the curtilage of dwellinghouses and blocks of flats, provided specific safety and height requirements are met.

It mandates the use of authorised cross-pavement cable channels where a footway exists between the outlet and the vehicle.

The Order also extends the period for temporary school buildings at sites affected by RAAC until October 2028, increases the size limits for electricity substations, and updates references to the National Planning Policy Framework and the Building Safety Regulator.

Arguments For

The order states that expanding permitted development rights for electric vehicle charging infrastructure supports the transition to electric transport by allowing outlets in more residential areas.
Proponents argue that the introduction of "cross-pavement solutions" addresses safety concerns regarding charging cables trailing across public footways.
The document asserts that extending the temporary building rights for schools affected by Reinforced Autoclaved Aerated Concrete (RAAC) provides necessary time for remediation works to be completed.
The legislation indicates that increasing the capacity limit for electricity undertaking chambers from 29 to 45 cubic metres facilitates the upgrading of the power grid.

Arguments Against

Legal scholars may note that the requirement for "prior approval" in conservation areas and SSSIs adds a layer of administrative complexity for developers despite the "permitted development" label.
Local government representatives might express concern that the expansion of equipment housing volumes to 45 cubic metres could result in larger structures being installed without full planning oversight in sensitive areas.
Disability advocacy groups have previously raised concerns about pavement-embedded channels potentially creating trip hazards or accessibility issues if not maintained properly.
Critics may argue that the 12-month transitional period is insufficient for projects already in the advanced planning stages that no longer meet the new height or location restrictions.

Citation, commencement, extent and interpretation

-(1) This Order may be cited as the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2026.

(2) This Order comes into force on 21st October 2026.
(3) This Order extends to England and Wales.
(4) In this Order, 'the GPDO' means the Town and Country Planning (General Permitted Development) (England) Order 2015( 2 ).

This article establishes the official name of the Order and sets the commencement date as 21 October 2026.

It confirms that the geographic reach of the legislation is England and Wales, and defines the acronym 'GPDO' for the primary 2015 regulations being amended.

Amendment of Article 2 (interpretation)

3 In article 2(1)-

(a) after the definition of 'erection', insert-

''European site' has the meaning given by regulation 8 of the Conservation of Habitats and Species Regulations 2017( 3 )

(b) in the definition of 'National Planning Policy Framework', for 'December 2024' substitute 'August 2026'.

This article updates the definitions used in the 2015 Order to include 'European site' for environmental protection purposes.

It also updates the reference to the National Planning Policy Framework to the August 2026 version.

Amendment of Class D of Part 2 of Schedule 2

-(1) Class D of Part 2 of Schedule 2 (electrical outlet for recharging vehicles) is amended as follows.

(2) For paragraph D, substitute-

' Permitted development

D. The installation, alteration or replacement of an electrical outlet mounted on a wall for recharging electric vehicles-

(a) within an area lawfully used for off-street parking; or
(b) within any other area within the curtilage of a dwellinghouse or block of flats.'.

(3) In paragraph D.1 (development not permitted)-

(a) the existing text becomes sub-paragraph (1);
(b) after paragraph (a), insert-

'(aa) be installed more than 1.6 metres above ground level;';

'(2) Development is not permitted by paragraph (b) of Class D-

(a) if it would result in more than 1 outlet being installed within the curtilage of a dwellinghouse or block of flats; or
(b) within a conservation area.

(3) If the electrical outlet would be mounted on a wall of a dwellinghouse or block of flats that immediately adjoins a highway, development is not permitted by Class D if-

(a) the electrical outlet would protrude by more than 0.2 metres from the external wall of the dwellinghouse or block of flats; or
(b) there would be less than 1.5 metres' width of footway between the outermost projection of the electrical outlet and the edge of the carriageway.'.

(4) In paragraph D.2 (conditions)-

(a) the existing text becomes sub-paragraph (1);
(b) after sub-paragraph (1), insert-

'(2) Development is permitted by Class D subject to the condition that, where there is a footway between the electrical outlet and the vehicle to be recharged, when the outlet is in use the charging cable must cross the footway by means of an authorised cross-pavement solution.'.

(5) After paragraph D.2, insert-

' Interpretation of Class D

D3. For the purposes of Class D-

'authorised', in relation to a cross-pavement solution, means installed by, or on behalf of, or with the authorisation of, the relevant highway authority;

'block of flats' means a building which consists of at least two flats;

'carriageway' has the meaning given by section 329(1) of the Highways Act 1980;

'cross-pavement solution' means a pavement-embedded cable channel that allows a cable for the recharging of electric vehicles to safely cross a footway from a domestic premises to a parked vehicle;

'electrical outlet' means a dedicated charging point for the recharging of electric vehicles not including by means of a standard domestic plug and socket, and including any casing of that electrical outlet;

'footway' has the meaning given by section 329(1) of the Highways Act 1980.'

This section permits the wall-mounting of electric vehicle (EV) charging outlets on homes and apartment blocks without full planning permission, subject to new height and size limits.

It prohibits these installations in conservation areas if they are not in a pre-existing off-street parking space and limits them to one per property.

A mandatory condition requires users to use a highway-authority-approved pavement channel for cables that cross a public sidewalk.

Amendment of Class E of Part 2 of Schedule 2

-(1) Class E of Part 2 of Schedule 2 (electrical upstand etc for recharging vehicles) is amended as follows.

(2) For paragraph E(1), substitute-

'(1) The installation, alteration or replacement of an upstand with an electrical outlet mounted on it for recharging electric vehicles-

(a) within an area lawfully used for off-street parking; or
(b) within any other area within the curtilage of a dwellinghouse or block of flats.'.

(3) In paragraph E.1 (development not permitted)-

(a) in sub-paragraph (1)-
(i) for paragraph (a), substitute-
'(a) exceed the relevant height limit in the table from the surface used for the parking of vehicles-

Location of development Height Limit

(i) non-domestic area lawfully used for offstreet parking. 2.7 metres.

(ii) any other location. 1.6 metres.';

(ii) after paragraph (a), insert-
'(aa) in the case of development permitted by paragraph E(1)(b), be within a conservation area;';
(b) in sub-paragraph (3)-
(i) omit paragraph (a);
(ii) in paragraph (b)-
(aa) omit 'unit of';
(bb) for sub-paragraph (i), substitute-
'(i) result in the cumulative volume of equipment housing installed under Class E within that non-domestic area exceeding 45 cubic metres;';
(iii) after paragraph (b), insert ';
'(c) where the cumulative volume of equipment housing installed within that non-domestic area would exceed 29 cubic metres, it would be-
(i) within a site of special scientific interest;
(ii) within a European site; or
(iii) used for the display of an advertisement.'

(4) In paragraph E.2 (conditions)-

(a) the existing text becomes sub-paragraph (1);
(b) after sub-paragraph (1), insert-

'(2) Development is permitted by paragraph E(1) subject to the condition that, where there is a footway between the upstand and outlet and the vehicle to be recharged, when the upstand and outlet are in use the charging cable must cross the footway by means of an authorised cross-pavement solution.

(3) In the case of any paragraph E(2) development, where-

(a) the cumulative volume of the equipment housing installed within that nondomestic area would exceed 29 cubic metres; and
(b) the equipment housing would be installed on article 2(3) land( 4 ),

before beginning development the developer must apply to the local planning authority for a determination as to whether the prior approval of the local planning authority will be required...'

This article expands the right to install EV charging pedestals (upstands) to residential areas, setting a 1.6-metre height limit for homes and 2.7 metres for non-domestic parking.

It increases the permitted volume for equipment housing to 45 cubic metres, though installations exceeding 29 cubic metres on protected land (article 2(3) land) require prior approval from the local authority.

The same safety condition regarding pavement-embedded cable channels applies here as in Class D.

Amendment of Class CB of Part 4 of Schedule 2

6 In Class CB of Part 4 of Schedule 2 (temporary provision of buildings for a school with a RAAC-affected building), in paragraph CB.1. (development not permitted), for 'three' substitute 'five', and for '2026' substitute '2028'.

This article extends the period during which schools affected by RAAC (Reinforced Autoclaved Aerated Concrete) can use temporary buildings under permitted development.

It changes the maximum duration from three to five years and extends the expiration date from 2026 to 2028.

Insertion of Class F in Part 9 of Schedule 2 (cross-pavement solutions)

7 In Part 9 of Schedule 2, after Class E (repairs to unadopted streets and private ways) insert-

'Class F - cross-pavement solutions : domestic premises

Permitted development

F. The installation, alteration or replacement of a cross-pavement solution by, on behalf of, or with the authorisation of, a highway authority.

Development not permitted

F1. Development is not permitted by Class F if the cross-pavement solution would-

(a) be within a site designated as a scheduled monument;
(b) be within the curtilage of a listed building; or
(c) be within a conservation area.

Conditions

F2. Development is permitted by Class F subject to the conditions that when no longer needed as a cross-pavement solution-

(a) the development is removed as soon as reasonably practicable; and
(b) the pavement within which the cross-pavement solution was set is, as soon as reasonably practicable, reinstated to its condition before that development was carried out.'

This article creates a new class of permitted development for installing cable channels in pavements.

It allows highway authorities or authorised parties to install these solutions except near listed buildings, scheduled monuments, or in conservation areas, provided the pavement is restored once the channel is no longer required.

Amendment of Class B of Part 15 of Schedule 2

-(1) Class B of Part 15 of Schedule 2 (electricity undertakings) is amended as follows.

(2) In paragraph B.1 (development not permitted), in sub-paragraph (a)-

(a) after paragraph (i), omit the 'or';
(b) in paragraph (ii), for '29 cubic metres in capacity;', substitute '45 cubic metres in capacity; or';
(c) after paragraph (ii), insert-

'(iii) it would consist of or include the installation or replacement at or above ground level or under a highway used by vehicular traffic, of a chamber for housing apparatus which would exceed 29 cubic metres in capacity where any of the following criteria are also met...

(aa) it would exceed three metres in height;
(bb) it would be situated within five metres of a dwellinghouse;
(cc) it would be situated on a site of special scientific interest; or
(dd) it would be situated on a European site.'

This section increases the maximum volume for electricity substations and equipment chambers from 29 to 45 cubic metres under permitted development rights.

However, if a chamber exceeds 29 cubic metres and meets certain criteria—such as being near a house, over 3 metres tall, or in an environmentally sensitive site—it faces stricter limitations and may require prior local authority approval.

Amendment of paragraph B of Part 20 of Schedule 2

9 In paragraph B of Part 20 of Schedule 2 (procedure for applications for prior approval under Part 20), in sub-paragraphs (2)(h)(ii) and (6A), for 'the Health and Safety Executive' substitute 'the Building Safety Regulator' in both places those words occur.

This article updates the procedural rules for new dwellinghouse applications by replacing references to the Health and Safety Executive with the Building Safety Regulator.

This aligns the planning procedure with current administrative oversight for building safety.

Transitional provision

-(1) Paragraph (2) applies where development ('previously permitted development')-

(a) is permitted under Class D or Class E... immediately before 21st October 2026, and
(b) is, by virtue of the amendments made by this Order, no longer permitted...

(2) Where this paragraph applies, a developer may, despite the amendments made by this Order, carry out previously permitted development until the end of 20th October 2027.

This provision ensures that EV charging projects that were legal under the old rules but would be prohibited by the new restrictions (such as new height limits) can still be completed.

This grace period for 'previously permitted development' lasts until 20 October 2027.

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