Content

Salford
City Council - Record of Decision
 
I,
Councillor McCusker, Lead Member for Planning, Transport and
Sustainable Development, in exercise of the powers contained within
the Council Constitution, do hereby:
 
Allow the
City Council to adopt a position where officers can offer advice,
but not condone the practice, of allowing residents to trail
Electric Vehicle (EV) leads across footways in order to charge an
EV outside their home address without off street parking
provision.
 
Request
that a review be undertaken after 12 months.
 

The Reasons are:
This
approach offers residents to charge using the most economical
domestic tariff available to them even if they do not have off
street parking provision. Cable covers can present difficulties for
pedestrians and for this reason the effectiveness of this approach
will be monitored after 12 months.
 

Options considered and rejected were:
A suitable
cable channel has not been found on the market that satisfies the
Highway Authority on a number of aspects. This developing market
will continue to be monitored and reported as part of the 12 month
review.

 
Assessment of Risk: Low
 
The source of funding:
N/A
 
Legal Advice obtained: Helen Chapman
– 9 February 2024
Section 130 of the Highways Act places a general duty on the
Council as Highway Authority to prevent, as far as possible, the
obstruction of the highway. The laying of a cable across the
highway is an obstruction.
 
However, the growing usage of these cables means that some sort
of conditions of use is a more practical and reasonable means of
going forward than a blanket ban which is not practically
enforceable or particularly helpful in a world where electric cars
are the preferred mode of car ownership.
 
Section 178 of the Highways Act provides that the Council can
enter into licence with a person wishing to lay a beam, rail, pipe,
cable, wire or other similar apparatus across the highway. However,
this is more suitable for permanent obstructions and not ones of a
transitory nature like electric vehicle cables.
 
Therefore, as Section 162 of the Act, which creates the offence,
adds the caveat that no offence is arguably committed if it can be
shown that all necessary means have been taken to give adequate
warning of the danger, it seems sensible to publicly condition the
use with a list of objective measures which minimise the risk. This
also seems more reasonable/appropriate than insisting on a formal
licence, for cables of a transitory nature.
 
The
Highway Authority is still under a duty of care but an objective
list of the means which must be taken to reduce the impact of any
danger should hopefully absolve the Highway Authority of any
complaint that it has failed to take action under s.162 to remove
the danger. However, if a member of the public persists in laying
cables 10 across the highway which are not made safe in the manner
required then it is still the duty of the Highways Authority to
take action against that person for obstruction.
 
Finally, as electric car charging is a relatively new thing,
there is still some uncertainty about who the liability rests with
if there is a claim. The general view seems to be that it rests
with the car owner/ house holder, but it seems it is still to be
fully tested in the courts. Therefore, it is important that the
Council as Highway Authority sets out a form of quasi- regulation
to make it as safe as possible as part of its general public duty.
The use of the website and other general publication methods to set
out conditions of use seems a very sensible and practical approach
to take, against the background of the rising numbers of people
wanting to charge their vehicles on kerbside locations, and the
practical problems this raises for the Council in terms of
enforcement.
 
Financial Advice obtained: N/A
 
Procurement Advice obtained:
N/A
 
HR Implications: N/A
 
Climate Change Implications: Mike
Hemingway – 5 February 2024
The
recommended approach seems an equitable and fair approach to the
charging of electric vehicles. This approach will allow residents
of terraced housing to enjoy domestic priced charging of their
vehicles yet ensure that they have access to advice that this is
done as safely as possible. The move to the use of EV is desirable
from both and air quality and climate change perspective and is
essential for us to meet our carbon neutral targets.
 
The
following documents have been used to assist the decision
process:
Lead
Member Report.
 
Contact
Officer:
Robert Owen              
Tel No. robert.owen@salford.gov.uk
 
This decision is not subject to
consideration by another Lead Member.
 
The appropriate scrutiny panel
to call-in the decision is the Growth & Prosperity Scrutiny
Panel.
 
 

Signed: Councillor McCusker                           
Dated: 12th June 2024
         
 

 
This decision was published on 26th July 2024
 
This decision will come into force at
4.00pm on 2nd August 2024, unless it is called-in in accordance with the
decision-making process rules.