Data centre schemes in England can now access the nationally significant infrastructure projects consenting route. Regulations made on 7 January 2026 and in force on 8 January 2026 prescribe “data centres” within the business or commercial projects framework, enabling the Secretary of State to issue section 35 directions for qualifying proposals under the Planning Act 2008. ([legislation.gov.uk](https://www.legislation.gov.uk/ukdsi/2025/9780348275438?utm_source=openai))
The instrument amends the Schedule to the Infrastructure Planning (Business or Commercial Projects) Regulations 2013 by adding a new category-“10. Data centres.” This makes data centres a prescribed description of project for the purposes of section 35(2)(a)(ii). The change was introduced via affirmative procedure following parliamentary approval. ([legislation.gov.uk](https://www.legislation.gov.uk/ukdsi/2025/9780348275438?utm_source=openai))
A section 35 direction does not automatically apply to all data centres. Developers may request a direction, and the Secretary of State may grant it only where they consider the project to be of national significance and the other section 35 requirements are met. The option sits alongside, rather than replaces, the Town and Country Planning Act 1990 route. ([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))
Ministers set out examples of when promoters might seek the NSIP route: where a proposal involves associated energy generation, is particularly large or complex, or could benefit from the “one‑stop shop” nature of a Development Consent Order. These are illustrative, not thresholds, and each request will be determined case by case against the national significance test. ([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))
Where a direction is given, the project proceeds by Development Consent Order. The NSIP process includes acceptance, pre‑examination, examination (normally up to six months), a recommendation to the Secretary of State (up to three months) and a decision period (up to three months). Government guidance also provides for a fast‑track model with shorter benchmark timelines where appropriate. ([infrastructure.planninginspectorate.gov.uk](https://infrastructure.planninginspectorate.gov.uk/application-process/%20the-process/?utm_source=openai))
The Government has confirmed that the Department for Science, Innovation and Technology will prepare a National Policy Statement (NPS) for data centres. The NPS is intended to set the policy framework for decision‑making and indicate parameters or factors that may suggest national significance for this sector. ([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 regulations extend to England and Wales but operate within the infrastructure planning regime for England, as indicated in the instrument heading. Welsh consenting arrangements are devolved and unaffected by this amendment. Promoters should therefore treat this as an England‑focused consenting option. ([legislation.gov.uk](https://www.legislation.gov.uk/ukdsi/2025/9780348275438?utm_source=openai))
For local planning authorities, the change means some complex data centre proposals may be examined through the NSIP regime rather than the Town and Country Planning Act process. LPAs will still be statutory consultees and key participants at pre‑application and examination, with local issues such as transport, grid connection, design, environmental impacts and community engagement scrutinised in the DCO process. ([infrastructure.planninginspectorate.gov.uk](https://infrastructure.planninginspectorate.gov.uk/application-process/%20the-process/?utm_source=openai))
For developers, the immediate practical step is to consider whether a scheme meets the prescribed description and could credibly satisfy the national significance test. Where appropriate, promoters can prepare a qualifying request under section 35ZA and engage early with the Planning Inspectorate on pre‑application expectations. ([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 states no full impact assessment has been produced as no, or no significant, impact on the private, voluntary or community sectors is foreseen. The amendment is narrowly drawn, adding a single category to the existing prescribed list without creating new statutory thresholds. ([legislation.gov.uk](https://www.legislation.gov.uk/ukdsi/2025/9780348275438/data.html?utm_source=openai))