Report on the webinar from 10 October 2024 - hosted by greenventors GmbH
On 10 October 2024, the webinar "Municipal strategies for the provision of fast charging infrastructure with a focus on legal aspects" took place, organized by greenventors. The event was moderated by Dr. Andreas Pfeiffer ( greenventors GmbH ), whileFlorian Dommel ( Pfalzwerke AG), Conrad Hammer ( Nationale Leitstelle Ladeinfrastruktur ) and Dr. Georg Queisner and Alexander Hülsmann (both PwC Legal ) shared their perspectives and expertise as speakers. The participants gained valuable insights into the current challenges and legal issues in the field of fast charging infrastructure.
Introduction and overview
Dr. Andreas Pfeiffer opened the webinar with an overview of the importance of electromobility and explained the role of greenventors, which has been active in the field of electromobility for over 15 years. A particular focus is on working with local authorities and operators to find and implement suitable locations for charging infrastructure. These activities are coordinated via the energieparkmakler platform, which acts as an intermediary between property owners and operators and thus accelerates the expansion of the charging infrastructure. It became clear that close coordination between mobility and transport planning and the relevant stakeholders is necessary in order to successfully realise charging parks.
Pfalzwerke's contribution: Practical experience and implementation in the German network
Florian Dommel presented Pfalzwerke's activities as part of the German network. The company has won two lots in the south-west and west regions and is planning a total of 40 locations with 400 HPC (High Power Charging) charging points. Mr Dommel explained the flexible approach to site planning, which includes both existing inner-city areas and "greenfield" sites. Special challenges arise from the adaptation to local conditions, such as green spaces, regulations on access and land use, and authorisation requirements. Mr Dommel emphasised that the German network and the installation of charging infrastructure offer added value for citizens and contribute to the attractiveness of cities and municipalities as locations.
Unterstützung durch die Nationale Leitstelle Ladeinfrastruktur
Conrad Hammer emphasized that Germany is still in the early stages of electromobility ("kilometer 2.5 of a marathon") and that there is still a lot of work to be done. The National Centre for Charging Infrastructure offers digital tools, guidelines and conceptual products to support local authorities in the planning and implementation of charging infrastructure. These include the LadelernTool (https://www.ladelerntool.de/), the Standorttool (https://www.standorttool.de ) and the area tool (https://flaechentool.de/), which make it possible to determine current and future charging requirements in detail. He also referred to the checklist for "Setting up charging infrastructure in the municipality - a guide for optimizing and accelerating approval processes" (https://nationale-leitstelle.de/wp-content/uploads/2024/07/Leitfaden-Ladeinfrastruktur-in-Kommune-aufbauen.pdf).
Mr Hammer emphasised the key role of local authorities, which can decisively advance the charging infrastructure through forward-looking planning and framework conditions. In densely built-up urban areas, where private charging facilities are often lacking, the public charging infrastructure is of particular relevance for the further market ramp-up of electric mobility.
Site requirements and implementation process: contribution by Dr. Andreas Pfeiffer
Dr Andreas Pfeiffer outlined the key requirements for fast-charging parks and the typical implementation process. A fast-charging park requires sufficient space for at least two to four charging points, expandable capacities and a transformer. The charging infrastructure must be accessible around the clock, without height restrictions, so that larger vehicles such as vans can also be served. Good transport links to main roads are important, as is proximity to additional facilities such as toilets or catering to increase the attractiveness of the location. The realisation process includes site identification, design planning and coordination with authorities and grid operators to check the necessary electricity capacity. Once the legal and technical requirements have been clarified, the contract is concluded, construction and commissioning follow. Pfeiffer emphasised the importance of cooperation between local authorities and operators in order to remove obstacles at an early stage. He pointed out that experienced operators often offer standardised contracts and processes that speed up implementation. Dr Pfeiffer emphasised the importance of close cooperation between municipalities and operators in order to identify and remove potential obstacles at an early stage. He pointed out that experienced operators often offer standardised contracts and planning processes, which can significantly speed up implementation.
Legal aspects: Authorisations, building requirements and contracts
Dr Georg Queisner and Alexander Hülsmann from PWC Legal jointly explained the legal requirements for setting up charging parks. Dr Queisner explained that planning permission is generally required as soon as the charging facilities go beyond the character of street accessories, for example in the case of larger canopies or additional facilities.
Alexander Hülsmann supplemented these explanations with a detailed explanation of the possibilities for exemption from the provisions of a development plan. Hülsmann explained that an exemption in accordance with Section 31 of the German Building Code is possible if either reasons of general interest require the exemption or the project is justifiable in terms of urban development. He emphasised that reasons of general interest can be invoked in particular if no suitable alternative areas are available and the project must therefore be realised at the planned location.
Mr Hülsmann also pointed out that an exemption can only be granted in exceptional cases and that it must always be examined on a case-by-case basis whether the project changes the character of the building area. He also explained that certain ancillary facilities, such as toilet facilities, can be considered subordinate ancillary facilities under certain circumstances if they support the intended use of the charging infrastructure, which simplifies the approval processes.
One participant question addressed whether fast-charging parks should be treated as petrol stations in legal terms and what impact this would have on the authorisation requirement. Hülsmann clarified that charging parks are not considered petrol stations in the legal sense, although they are functionally similar. Instead, the German Building Code provides specific regulations for charging infrastructure for electrically powered vehicles. This distinction is crucial for planning, especially when assessing whether the project is permitted in the respective building area.
Summary and closing remarks
The webinar provided a comprehensive insight into the challenges and solutions for the expansion of the fast-charging infrastructure in Germany. Close cooperation between local authorities, companies and government agencies was emphasised as crucial for success. In addition to technical and planning aspects, legal framework conditions play a central role, which must be mastered through suitable regulations and agreements. The speakers pointed out numerous tools and resources that facilitate the expansion of the charging infrastructure. Local authorities should use the digital tools offered by the control centre and make targeted use of funding opportunities in order to develop the charging infrastructure sustainably. Overall, the webinar once again made it clear that electromobility in Germany is on the right track despite existing challenges, and it provided practical tips for the successful implementation of charging infrastructure projects from a local authority perspective.