Oxfordshire County Council electric vehicle (EV) cable channel licence – terms and conditions

Please note that details within square brackets […] will be updated with the correct option or information within any final licence agreement depending on the location of the Licensee’s property and in accordance with details provided at the time of application.

THIS LICENCE is made the [Date]  day of [Month] 202[ ]

and is given by 

THE OXFORDSHIRE COUNTY COUNCIL of County Hall, New Road, Oxford, OX1 1ND (“the Council”) 

to 

[ name               ] of [   address     ] ( “the Licensee”) 

BACKGROUND

1. The Licensee is the [owner] [occupier] of the property at [ insert address] (referred to in this Licence as “the Property”)
2. The Council is the highway authority in the County of Oxfordshire and is the street authority for the purposes of the New Roads and Street Works Act 1991 and in the exercise of its powers under section 115B of the Highways Act 1980 has a scheme for the installation and licensing of cable channels in the footway for the purpose of running an electric vehicle charging cable from a property to the carriageway
3. The Licensee has applied to the Council to use an EV cable channel and the Council has agreed to install and allow the use of an EV cable channel on the terms and conditions contained in this Licence

PERMISSION

4. The Licensee has paid to the Council the fee of £300 in respect of operating expenses and installation of the EV cable channel
5. The Licensee has made the following declaration statements:
   1. that planning permission has been granted, and providing the planning reference number;
   2. that they have taken out public liability insurance and
   3. that they have provided the Electrical Installation Certificate and product information relating to the EV charger
6. In consideration of the payment by the Licensee to the Council of the fee referred to in paragraph 1 and of the declarations set out at clause 5 of this Licence and of the commitments given by the Licensee in this Licence the Council agrees that the Licensee shall be permitted to use the EV cable channel to run a charging cable from the Property to the carriageway and during the continuance of this Licence to maintain and use it in accordance with this Licence.
7. This Licence is personal to the Licensee
8. The Council shall retain ownership of the EV cable channel
9. The Licensee agrees with the Council that it will
   1. use the EV cable channel only for the purpose of carrying an electric vehicle charging cable from the Property to the electric vehicle
   2. comply with the conditions contained in this Licence and the Schedule to this Licence
   3. notify the Council if it parts with its interest in the Property
10. Insurance and Certificates

The Licensee agrees that 

1. from the date of this Licence it will take out and maintain a public liability insurance policy covering the EV cable channel and all liabilities relating to or arising from the EV cable channel with an insurance office in the UK for not less than £5 million per claim  
2. one year after the date of this Licence it will make a declaration to the Council of the name and contact details of the insurer, the policy reference number and the start and end dates of the public liability insurance policy
3. one year after the date of this Licence it will provide to the Council an updated Electrical Installation Inspection Report which is marked as “Satisfactory”

11. Indemnity

The Licensee agrees to indemnify and keep indemnified the Council against all charges costs actions and demands whatsoever that may arise from the EV cable channel or the maintenance of the EV cable channel in accordance with this Licence or the grant of this Licence including for the avoidance of doubt any claim for damage or injury by a user of the highway arising from the improper use of the EV cable channel or the EV charging cable by the Licensee in breach of the terms of this Licence

Termination

12. This Licence is valid for two years from the date of this Licence
13. If the Licensee parts with its interest in the Property this Licence will automatically terminate, and it is hereby agreed and declared that the Licensee shall not be liable for any breach of the restrictions and obligations contained in this Licence occurring after it has parted with its interest in the Property
14. This Licence may be terminated immediately by the Council in the event of any breach failure of performance or non-observance by the Licensee of any covenant or condition contained in this Licence and on the Licensee’s part to be observed and performed (including the requirement set out at clause 6.2 of this Licence) or if the Licensee parts with its interest in the Property
15. The Council’s right to terminate this Licence shall be entirely without prejudice to any right of the Council to obtain any other remedy in respect of any breach failure of performance or non-observance by the Licensee of any covenant or condition contained in this Licence and on the Licensee’s part to be observed and performed whether or not the Council’s right to terminate this Licence is exercised

Renewal

16. This Licence is renewable annually by the Licensee on application to the Council and by both parties signing the renewal sheet at the end of this Licence on the following conditions:
    1. that the renewal fee as published on the County Council’s website has been paid
    2. that a declaration has been made providing the following details of the public liability insurance policy:
       1. Name and contact details of insurer
       2. Policy reference number
       3. Start and end dates of insurance policy
    3. that an updated Electrical Installation Condition Report which is marked as “Satisfactory” has been provided
    4. that the terms and conditions of this Licence on the part of the Licensee have been complied with by the Licensee

Dispute Clause

17. Any dispute between the Council and the Licensee relating to or arising out of the interpretation of this Licence or which is incidental to the matters contained or referred to in this Licence shall be determined by arbitration and the provisions of the Arbitration Act 1996 and any statutory modification of the Arbitration Act 1996 for the time being in force shall apply accordingly

General

18. Nothing contained in this Licence shall be interpreted as limiting restricting amending or in any other way affecting the statutory powers or duties of the Council
19. This Licence does not create any right enforceable by any person other than the Council and the Licensee by any successor to the Council’s statutory functions
20. Any communication relating to this Licence must be in writing and must be posted or emailed to [OCC officer/section]

SCHEDULE

Licence Conditions and Conditions of Use

1. Electrical Safety of Electric Vehicle (EV) Charging Equipment:
   1. The Licensee must not at any time suffer or permit their use of the EV Cable Channel or their EV charging equipment to cause any electrical hazard.
   2. The licensee must not charge an EV within 2.5 meters of another EV on charge
   3. The EV Cable Channel must only be used to charge an electric vehicle with:
      1. a domestic mode 3 or 4 EV Charge Point (EVCP) which meets the BS61851-1 standard rated up to 7.5kW, which meets the requirements of the government guidance on EV chargepoint and infrastructure specifications 
      2. and which has been installed by a qualified, registered electrician to meet BS7671 standards and in particular Chargepoint specification for households with on-street parking
      3. a mode 3 or 4 EV charging cable with a diameter not greater than 16mm.
   4. The Licensee must provide evidence that the EVCP meets the requirement by providing a copy of the Electrical Installation Certificate (EIC) for the EVCP
   5. Where the application for a Licence has been submitted before the EVCP has been installed, a copy of the evidence must be provided upon completion of the EVCP installation and within 42 days of the Licence being granted. If evidence is not provided the Licence may be withdrawn.
   6. The Licensee must check that their EV charging equipment is safe to use prior to each charging event – this should include checking the charging cable along its entire length for any splits or exposed wires.
   7. In the case where any fault or damage to the EVCP or EV charging cable is detected, the EV Cable Channel and the electric vehicle charging equipment must not be used.
2. Permitted Locations for EV Charge Points
   1. EVCPs must not overhang the public highway.
   2. EVCPs must be accessible at all times to the emergency services in case of an emergency requirement to isolate the electrical supply.
   3. The EVCP must be positioned to allow the EV charging cable to exit the curtilage of the property at ground level immediately in line with the EV Cable Channel unit:
      1. Examples of a suitable ground level exit point from the curtilage of the property are; through the existing gateway at the boundary of the curtilage, or through a hole or passage created through the boundary wall or fence of the curtilage of the property for this purpose.
      2. For the avoidance of doubt, the EV charging cable must not exit the curtilage of the property over a wall or fence or any other boundary marker above ground level.
3. Charging cable management
   1. The Licensee must use the EV Cable Channel and charging cable in accordance with the manufacturer’s user guide
   2. The Licensee must not at any time suffer or permit their use of the EV Cable Channel to cause any hazard to pedestrians or other users of the public highway or to become any nuisance whatsoever.
   3. The Licensee must not leave any trip hazards (e.g., loops or twists of cable) protruding above the EV Cable Channel or elsewhere on the highway.
   4. The EV charging cable may be trailed for no more than 1.5 metres on the carriageway (alongside the kerb edge) to reach the electric vehicle’s charging socket.
   5. The EV charging cable may not be kept in the EV Cable Channel at any time other than when charging an EV. The cable must be removed from the EV Cable Channel and stored off the public highway as soon as possible after charging has completed.
4. Parking
   1. Installation of an EV Cable Channel does not confer any right to reserve any part of the public highway for personal use.
5. Maintenance
   1. The Licensee must keep the EV Cable Channel in good working order and ensure that no damage or injury is caused to it.
   2. The Licensee must clean and clear the EV Cable Channel of debris on a regular basis to avoid build-up of leaves, silt or other matter which may prevent its proper use or cause damage to the EV charging cable.
   3. The Licensee must check the EV Cable Channel regularly for any signs of wear, rust or corrosion, and should ensure that any defects are reported promptly to the Council.
6. Planning Permission
   1. The Licensee must obtain confirmation in writing from the relevant Local Planning Authority (district council) that planning permission for the installation of an EVCP at the property has been granted unless planning permission is not required for the installation of an EVCP at the property.
   2. The Council will not approve applications until planning permission is granted where this is required by the Local Planning Authority.