Section 49 of the Planning and Infrastructure Act 2025 is now in force in England, moving the approval route for installing, maintaining or removing public electric vehicle (EV) charge points in the highway from section 50 licensing to the permit regime. The instrument was made on 12 March 2026 and took effect on 13 March 2026. For operators and highway authorities, this replaces ad‑hoc street works licensing with a process integrated into existing permit schemes. (legislation.gov.uk)
The statute makes targeted amendments to the New Roads and Street Works Act 1991. Works executed in a street in England in pursuance of a street works permit to place or work on apparatus that is a “public charge point” are treated as street works; related changes insert definitions of “public charge point” and “street works permit”, extend the prohibition on unauthorised works to these activities, and amend section 115E of the Highways Act 1980 so councils cannot grant permission under that section where a permit or licence could authorise the activity. (legislation.gov.uk)
In practice, these activities will run through local permit schemes prepared under Part 3 of the Traffic Management Act 2004 and the Traffic Management Permit Scheme (England) Regulations 2007, using the Department for Transport’s Street Manager digital service. Pre‑commencement materials from DfT/OZEV indicated typical permit fees of £45–£130, target decision windows of 3–5 working days, and enforcement parity with statutory undertakers, including fixed penalty notices for working without a permit and overrun charges (applicable at weekends and bank holidays). (legislation.gov.uk)
For charge point operators, the reform standardises applications but does not confer statutory undertaker powers. Operators must comply with permit conditions, meet reinstatement and safety obligations, and use Street Manager for submissions and updates. The Act also clarifies that rights in installed apparatus derive from the relevant permit or licence and defines “public charge point” as a point provided for use by the general public. (static.hauc-uk.org.uk)
Edge cases remain. Evidence submitted during the Bill stage noted that some installations may still require a section 50 licence, for example where the power supply to the charge point is not adopted by a distribution network operator (DNO) or independent DNO. Authorities and operators should check local processes against such scenarios as practice settles. (publications.parliament.uk)
For highway authorities, immediate actions are administrative: update permit scheme documents to reference public charge points explicitly; confirm categories, conditions and fee schedules; ensure Street Manager configurations and performance targets are in place; and align enforcement protocols with fixed penalties and overrun charges. DfT/OZEV have also signalled 2026 updates to statutory guidance and the co‑ordination Code of Practice. (static.hauc-uk.org.uk)
For operators, the entry route is via a Street Works Act (SWA) code from GeoPlace, after which permit applications are made to the relevant authority through Street Manager. Early engagement on traffic management, accessibility standards and any related traffic regulation orders for designated bays will reduce refusals and rework. (static.hauc-uk.org.uk)
Scope and timing matter. The reforms apply to works “in a street in England” and address street works approvals rather than planning consent; planning and traffic order requirements continue to operate in parallel. An official Impact Assessment for the Act is available for reference, and earlier commencement regulations bring further provisions into force on a staged basis, including section 91 on 1 April 2026. (publications.parliament.uk)