The Infrastructure Planning (Business or Commercial Projects) (Amendment) Regulations 2026 are now in force. The instrument adds “data centres” to the Schedule of prescribed business or commercial projects under the 2013 Regulations, making proposed data centre developments eligible to be directed into the Nationally Significant Infrastructure Projects (NSIP) consenting route via section 35 of the Planning Act 2008, where the Secretary of State considers them nationally significant. ([legislation.gov.uk](https://www.legislation.gov.uk/ukdsi/2025/9780348275438?utm_source=openai))
Parliament cleared the regulations under the affirmative procedure in November 2025 after debates in both Houses. The draft instrument was laid on 15 October 2025, approved by the Commons on 13 November and by the Lords on 20 November, completing the parliamentary stage ahead of the regulations being made at the start of 2026. ([statutoryinstruments.parliament.uk](https://statutoryinstruments.parliament.uk/instrument/GojR2VOq/timeline/qYtgomva?utm_source=openai))
The change does not move all data centre proposals into the NSIP regime. Instead, developers may request a section 35 direction. Ministers told the Commons that the measure is intended for cases that are particularly large or complex, include linked energy generation, or would benefit from the one-stop DCO process; any direction still depends on the Secretary of State judging the project to be of national significance. ([hansard.parliament.uk](https://hansard.parliament.uk/commons/2025-11-12/debates/238160f2-d451-4d94-a0f8-b755e63f1a6c/DraftInfrastructurePlanning%28BusinessOrCommercialProjects%29%28Amendment%29Regulations2025?utm_source=openai))
Geography matters. Section 35 directions for business or commercial projects apply to development in England (and adjacent waters) as defined in section 35(3). For proposals in Greater London, a direction can only be given with the consent of the Mayor of London under section 35(4). These statutory limits remain unchanged by the amending regulations. ([legislation.gov.uk](https://www.legislation.gov.uk/ukpga/2008/29/section/35?utm_source=openai))
A section 35 direction is issued only in response to a qualifying request. Section 35ZA sets out who may apply and requires the request to explain why the conditions in section 35(2) are met. Applicants should submit the request before pursuing other consents listed in section 33. Government guidance confirms the role of section 35 and signposts how such requests are considered. ([legislation.gov.uk](https://www.legislation.gov.uk/ukpga/2008/29/section/35ZA?utm_source=openai))
If directed into the NSIP process, a project proceeds by Development Consent Order (DCO) through the Planning Inspectorate. The core timetable includes a six‑month examination, up to three months for the Examining Authority’s recommendation, and up to three months for the Secretary of State’s decision, with a six‑week post‑decision challenge window. A fast‑track variant can compress examination to four months and the overall post‑acceptance stages to around 12 months where criteria are met. ([gov.uk](https://www.gov.uk/guidance/planning-act-2008-examination-stage-for-nationally-significant-infrastructure-projects?utm_source=openai))
Local planning authorities remain central participants. They are statutory consultees, prepare a Local Impact Report early in examination, and must manage tight submission deadlines. Planning Inspectorate guidance sets out expectations on resourcing, statements of common ground and engagement during pre‑application and examination. ([gov.uk](https://www.gov.uk/guidance/nationally-significant-infrastructure-projects-advice-for-local-authorities?utm_source=openai))
For communities and landowners, the NSIP process provides defined points to engage: pre‑application consultation led by the promoter; registration as an Interested Party at pre‑examination; and participation in written and oral procedures during examination. Government guidance explains these stages and how to submit representations. ([gov.uk](https://www.gov.uk/guidance/nationally-significant-infrastructure-projects-the-stages-of-the-nsip-process-and-how-you-can-have-your-say?utm_source=openai))
Policy development will continue alongside the regulatory change. Ministers have confirmed that the Department for Science, Innovation and Technology is preparing a dedicated National Policy Statement for data centres to set out policy, parameters and factors relevant to assessing national significance and to guide decision‑making. ([hansard.parliament.uk](https://hansard.parliament.uk/commons/2025-11-12/debates/238160f2-d451-4d94-a0f8-b755e63f1a6c/DraftInfrastructurePlanning%28BusinessOrCommercialProjects%29%28Amendment%29Regulations2025?utm_source=openai))
The Explanatory Note to the instrument indicates no full impact assessment, on the basis that no significant impact on the private, voluntary or community sectors is foreseen. The underlying 2013 Regulations, which the 2026 instrument amends, continue to list the broader set of prescribed business and commercial uses to which section 35 can apply. ([legislation.gov.uk](https://www.legislation.gov.uk/ukdsi/2025/9780348275438/data.html?utm_source=openai))