Electric vehicle charging units

Demand for electric vehicles is increasing as people embrace emerging technologies and cleaner energy options. Under the NSW Electric Vehicle Strategy (2021), electric vehicle sales are expected to increase to 52% by 2030–31. This demand has also increased the requirement for electric vehicle charging units. Therefore, more of them are needed in appropriate and convenient locations across the state.

The proposed changes will make it easier to build charging facilities through a streamlined approval process. Providing a clear path through the approval process encourages more investment in charging locations.

The planning approval pathways for electric vehicle charging units can be found in the Transport and Infrastructure State Environment Planning Policy (SEPP). Depending on the scale or location of the unit, the SEPP provides 3 different planning approval pathways:

• Exempt development: Relates to very low-impact development. If proposed works meet all development standards identified in the SEPP, planning approval is not needed from council.
• Development without consent: Applies to activities, generally done by public authorities that are government agencies, or private bodies deemed to be public authorities. A Minister or public authority can only approve these activities following an environmental assessment under Division 5.1 of the Environmental Planning and Assessment Act 1979.
• Development with consent: Refers to development that will need planning approval from a consent authority, typically from council.

Electric vehicle charging units can be installed as exempt development under section 2.124D, section 2.124E and section 2.124F of the Transport and Infrastructure State Environment Planning Policy (SEPP).

Units are exempt development where installed in or on:

• private homes
• bus depots
• car parks (commercial, public or private)
• car washing facilities
• highway service centres
• on public administration buildings
• road maintenance depots
• service stations
• existing electricity poles
• existing light poles.

Public authorities can also install a unit as exempt development on existing street furniture, including:

• parking meters
• telephone booths
• rubbish bins or recycling bins
• planter boxes
• street signs
• benches
• bollards.

The development standards that must be fully satisfied before installing a unit as exempt development are also set out in the Transport and Infrastructure State Environment Planning Policy (SEPP). This includes complying with the general requirements for exempt development in section 2.20. If the proposal does not satisfy these standards, another approval pathway must be used, such as seeking consent via a development application.

Development standards are criteria that manage the impacts of the installation. For instance, all units developed as exempt development must be installed according to manufacturer specifications and comply with relevant Australian Standards.

Public authorities and electricity supply authorities can install electric vehicle charging units in certain circumstances without development consent on land they own or control under section 2.124 of the Transport and Infrastructure State Environment Planning Policy (SEPP).

If this pathway is used, public authorities will need to assess the activity under Division 5.1 of the Environmental Planning and Assessment Act 1979 before carrying it out. This allows new units to be assessed in a way that will lead to better development outcomes. For more information on this assessment process, see the Guidelines for Division 5.1 assessments.

The Guideline for Division 5.1 assessments – December 2025 (PDF, 2.6 MB) will apply until 31 May 2026.

A new updated Guideline for Division 5.1 assessments – March 2026 (PDF, 5.1 MB) will commence from 1 June 2026.

Electric vehicle charging units can be installed as development with consent under section 2.124A, section 2.124B and section 2.124C of the Transport and Infrastructure State Environment Planning Policy (SEPP).

Section 2.124A allows units to be developed on any land, if they do not obstruct movement or interfere with firefighting equipment. A unit with advertising can also be approved through development consent under this section.

When a homeowner or occupier does not have access to a private garage or carport and is required to park on the street, the development with consent planning pathway allows homeowners or occupiers to install a unit on public land. Section 2.124B allows homeowners or occupiers to submit a development application to council to install a unit on public land as long as the electrical power is connected to the residential dwelling and the cables are located underground. Section 2.124C allows units to be installed in a wide variety of zones or on land on which there is an existing service station, highway service centre or car washing facility.

Yes, there are development standards in the Transport and Infrastructure State Environment Planning Policy (SEPP) for development with consent and development without consent planning pathways. These requirements must be met for each planning pathway to be used for a proposed electric vehicle charging unit.

Advertising on units, including a screen or other displays capable of displaying advertisements, is permitted in some circumstances. This includes the advertisement itself, not just the display.

For units with advertisements to be exempt development:

• the development must comply with section 2.20
• the sign must be fully contained within the unit
• the sign must not have a surface area greater than 3 m²
• the sign must comply with AS/NZS 4282:2019, Control of the obtrusive effects of outdoor lighting
• if the sign is illuminated, it must not be animated, flashing or moving.

While each display (or screen) must not have a surface area greater than 3 m², there is no restriction on the number of displays. This means, a unit may have multiple displays, if each display is no greater than 3 m².

Advertising on a unit can only be located where the associated unit is allowed as exempt development, for instance in a car park or service station, or attached to street furniture.

Advertising on a unit can also be approved under the development without consent (section 2.124 of the Transport and Infrastructure State Environment Planning Policy (SEPP) and development with consent (section 2.124A and section 2.124C of the SEPP) pathways. If a proposal does not meet the required standards for either exempt development or development without consent, consent will be required.

For amenity reasons, advertising on units is not permitted in any residential zones – regardless of the planning pathway.

The SEPP does not provide development standards for advertising in a unit that can be approved as development with consent. Councils may have their own development standards they apply during their assessment of proposals. Anyone seeking to install a unit with advertising through the development with consent planning pathway should first consult council

You must comply with any existing condition of the most recent development consent that applies to the premises. For instance, some development consents specify a minimum number of parking spaces that must be provided for residents and visitor parking. Building owners should consult their council to determine if an existing car space that will be used only for electric vehicle charging breaches any conditions of an existing development consent.

In addition to the requirements under the Environmental Planning and Assessment Act 1979, there are also obligations under other legislation. 

Where works are proposed within the road reserve, including the footpath, consent of the appropriate road authority is required under section 138 of the Roads Act. Work within the road reserve may include activities like erecting an unit or interfering with a structure. The relevant local council is the roads authority for much of the land where electric vehicle charging units could be located. 

For classified roads the Roads Act provides that:

• consent may not be granted except with the concurrence of Transport for NSW
• if the applicant is a public authority and the roads authority, Transport for NSW must consult with the applicant before deciding whether or not to grant consent or concurrence.

An approval under section 138 of the Roads Act does not imply that development consent is granted under the Environmental Planning and Assessment Act 1979. Where works are exempt development under the Transport and Infrastructure State Environment Planning Policy and do not require approval under the Environmental Planning and Assessment Act 1979, this does not affect any requirement to obtain approvals under the Roads Act or any other Act.

The Local Government Act may also impose requirements on proposals for units, such as approval from council for certain activities. It is recommended that anyone seeking to install units on council-owned or managed land should consult council first.

We encourage you to engage a professional town planner or seek legal advice as required to help you ensure your proposal meets all applicable legislative requirements.

These frequently asked questions and case studies provide general guidance only. Reference should be made to NSW Legislation to confirm current NSW legislative requirements.