The Council supports the transition to more sustainable transport choices and recognises the increasing uptake of electric vehicles. The circumstances described in the motion arise where individual residents install EV charging infrastructure outside the curtilage of their dwelling, typically by connecting a private electricity supply to a charging point located on a public footpath or within a communal on-street parking space and the developer wants to offer the estate for Taking in Charge. These areas are intended for shared use and are not in the ownership or exclusive control of any one household, but rather form part of lands managed by a developer or an Owners’ Management Company (OMC) prior to Taking in Charge by SDCC.

It is a fundamental principle that private infrastructure cannot be installed within lands that are not in the ownership or control of the individual, including public roads, footpaths, verges and shared parking areas. In such cases, the installations give rise to a range of concerns, including potential trip hazards, impacts on accessibility for persons with disabilities and those with mobility aids, risks associated with unregulated electrical infrastructure, and potential damage to footpaths, verges and underlying services. These installations are not subject to any formal inspection, certification or ongoing maintenance regime by a competent authority, and accordingly give rise to public safety and liability risks. For these reasons, such arrangements are not authorised and cannot be permitted to remain in situ, regardless of their perceived safety at a given point in time.

There is currently no legislative provision in Ireland that permits the installation of private EV charging cables across or within the public realm in this manner, and no national guidance framework supporting such arrangements. In this context, the introduction of a retrospective inspection or planning process, as proposed in the motion, is not legally viable, as planning permission alone cannot regularise development which relies on the unauthorised occupation of land.

Before roads and associated infrastructure can be taken in charge, they must comply fully with planning permissions and the Council’s standards, including the absence of unauthorised structures or encroachments within areas intended to become public infrastructure. Where privately installed EV chargers remain in footpaths or communal parking areas, the Council cannot assume responsibility for those roads, footpaths or associated services.  Accordingly, the removal of such installations by the developer is necessary to enable estates to be taken in charge in compliance with statutory requirements.

The issues raised reflect a broader national policy challenge regarding how to facilitate EV charging for households without dedicated off-street parking. The Government’s Private Wires Policy Statement (July 2025) recognises the growing need for accessible and affordable EV charging, including potential on-street solutions, particularly in higher-density developments. However, it also makes clear that such infrastructure must be delivered through planned, regulated and coordinated approaches, supported by an appropriate statutory and technical framework, rather than through ad hoc individual installations in shared public spaces. Any such approach would require clear provisions relating to land use, consents, safety standards, accessibility, and the responsibilities for installation, operation and maintenance, none of which are currently in place to enable the arrangements described in the motion.

In this context, and acknowledging that many existing residential developments pre-date widespread EV adoption, the Council’s position remains that EV charging within communal areas should be provided through coordinated, estate-wide or publicly managed solutions, such as shared charging bays or dedicated communal facilities. The Planning and Transport teams will continue to engage with national policy developments in this area and will review its approach as appropriate when a clear statutory and regulatory framework is established.