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3. Provision of charging points on unallocated parking spaces is not accordance with TR1

One of the Type 1 mitigation examples provided includes 1 vehicle charging points for every 10 unallocated spaces. However, Local Plan policy TR1 is clearly states that the provision of charging points should only be considered, where practical, where development proposals include the provision of off street charging.

In addition, whilst the SPD states that all the mitigation measures are only examples, there is concern that these will become standards. If they were to be applied in practice as such it would go beyond the remit of an SPD as it would be setting policy requirements. Legal judgements have confirmed that SPDs cannot set policy, which should be tested through a DPD examination process nor be used to amend plan policy to address new evidence. For instance see William Davis Ltd & Ors v Charnwood Borough Council [2017] EWHC 3006 (Admin) (23 November 2017).