Data centres are now eligible for the Section 35 direction route under the Planning Act 2008, after ministers amended the Infrastructure Planning (Business or Commercial Projects) Regulations 2013. The change inserts “Data centres” into the Schedule of prescribed project types, enabling qualifying schemes to be considered for Development Consent Orders (DCOs) under the Nationally Significant Infrastructure Projects (NSIP) regime. ([legislation.gov.uk](https://www.legislation.gov.uk/ukdsi/2025/9780348275438?utm_source=openai))
The amendment is deliberately concise: it adds a single line-“10. Data centres.”-to the 2013 Regulations’ Schedule alongside office, research and development, industrial, storage and distribution, exhibitions, sport, leisure and tourism categories. That Schedule is the prescribed list referenced by section 35(2)(a)(ii) to determine which business or commercial projects can be directed into the NSIP consenting process. ([legislation.gov.uk](https://www.legislation.gov.uk/ukdsi/2013/9780111105375?utm_source=openai))
A Section 35 direction remains discretionary. Developers may request it, but the Secretary of State may grant one only where the project is judged to be of national significance and the development would be wholly in England or adjacent English waters. Where any part of a business or commercial project lies in Greater London, a direction also requires the Mayor of London’s consent. ([legislation.gov.uk](https://www.legislation.gov.uk/ukpga/2008/29/section/35?utm_source=openai))
Ministers told Parliament the measure is an opt‑in route rather than a blanket requirement for all data centre proposals. During scrutiny, government explained that sponsors might seek a direction for particularly large or complex schemes or where the one‑stop consenting process and powers such as compulsory acquisition are necessary. Local planning remains available for other proposals. ([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))
Government has also confirmed that the Department for Science, Innovation and Technology will prepare a dedicated National Policy Statement (NPS) for data centres. The written statement laying the draft regulations said the NPS will set out parameters, thresholds and other factors indicating when a data centre could be nationally significant for the purpose of Section 35. ([hansard.parliament.uk](https://hansard.parliament.uk/html/commons/2025-10-15/WrittenStatements?utm_source=openai))
For promoters, a Section 35 direction opens access to the DCO process. Following pre‑application and acceptance, the Planning Inspectorate examines an application within six months, before issuing a recommendation to the Secretary of State within three months; the final decision must then be made within a further three months. ([infrastructure.planninginspectorate.gov.uk](https://infrastructure.planninginspectorate.gov.uk/application-process/%20the-process/?utm_source=openai))
Local planning authorities retain a central role as statutory consultees in NSIP cases and continue to determine data centre applications that do not seek, or do not receive, a Section 35 direction. Government guidance reiterates that NSIPs receive development consent from the relevant Secretary of State rather than permission from the local planning authority. ([gov.uk](https://www.gov.uk/guidance/planning-act-2008-pre-application-stage-for-nationally-significant-infrastructure-projects))
The instrument applies in England. While the Regulations extend to England and Wales as a matter of legal extent, Section 35 confines business or commercial directions to development wholly in England or adjacent English waters; devolved arrangements continue to operate in Wales. ([legislation.gov.uk](https://www.legislation.gov.uk/ukdsi/2025/9780348275438?utm_source=openai))
The Explanatory Note states that no full impact assessment has been produced for this instrument, reflecting the expectation that no, or no significant, impact on the private or voluntary sectors or community bodies will arise from the amendment itself. ([legislation.gov.uk](https://www.legislation.gov.uk/ukdsi/2025/9780348275438/data.html?utm_source=openai))
Policy Wire analysis: Adding data centres to the Section 35 list creates a clear statutory gateway for nationally significant digital infrastructure to use the NSIP/DCO route, but predictability will depend on the forthcoming NPS. The House of Lords Secondary Legislation Scrutiny Committee highlighted concerns about proceeding without an NPS in place; early designation would help sponsors, utilities and planning authorities judge when the direction route is appropriate. ([publications.parliament.uk](https://publications.parliament.uk/pa/ld5901/ldselect/ldsecleg/197/19703.htm?utm_source=openai))