Data centres added to England’s NSIP planning route

From 8 January 2026, data centres in England can ask to be treated as ‘nationally significant’ for planning. A short set of Regulations adds “data centres” to the list of business or commercial projects that can be directed into the Nationally Significant Infrastructure Projects (NSIP) regime. Parliament approved the draft in November 2025 before this change was made and commenced. (legislation.gov.uk)

Let’s quickly pin down the tool being used. A Statutory Instrument (SI) is secondary legislation: ministers use powers granted by an Act to update rules without passing a new Act each time. Some SIs, like this one, follow the “affirmative” route, which means both Houses of Parliament must vote to approve the draft before it becomes law. (parliament.uk)

So what lets ministers treat a project as nationally significant? Section 35 of the Planning Act 2008 allows the Secretary of State to direct that certain business or commercial projects-of types listed in Regulations-need a Development Consent Order (DCO). They can do this only if they think the project is of national significance and it sits within the legal area limits; for schemes in Greater London, a direction also needs the Mayor of London’s consent. (legislation.gov.uk)

What is a DCO in plain terms? It’s a single, time‑limited consent that can wrap up multiple permissions. The process is formal and front‑loaded: extensive pre‑application work and consultation, an application to the Planning Inspectorate, an examination, and a final ministerial decision. For business or commercial cases, a developer must first make a “qualifying request” under section 35ZA before any direction is issued. (gov.uk)

What actually changed this week is the list. The 2013 Regulations already named nine project types-from offices to tourism. The new amendment simply adds a tenth entry: data centres. That unlocks the option for developers to request an NSIP direction for suitable schemes; it doesn’t force every data centre into NSIP by default. (legislation.gov.uk)

Ministers told MPs why some data centres might use this route: very large or complex builds, proposals bundled with on‑site energy, or projects that benefit from the NSIP “one‑stop shop”. Government also confirmed that the Department for Science, Innovation and Technology is drafting a National Policy Statement to guide decisions in this sector. (hansard.parliament.uk)

For councils and applicants, the practical difference is process design. NSIP can bring clearer timetables and combine consents, which the Lords Secondary Legislation Scrutiny Committee highlighted as a key advantage for complex infrastructure. Local planning still handles most proposals; the NSIP option exists for projects that genuinely demand a national decision. (publications.parliament.uk)

For communities, your voice still matters. Before submitting a DCO application, promoters must consult widely and show how they’ve responded. During the examination, anyone who registers as an Interested Party can send in evidence and speak at hearings. Keep an eye on Planning Inspectorate notices for opportunities to take part. (gov.uk)

A note on geography and consent tests. These Regulations extend to England and Wales, but section 35 sets the “area test” for business and commercial projects in England (and adjacent waters). Any London proposal needs the Mayor’s consent before a section 35 direction can be made. Those statutory checks sit alongside the core test: the Secretary of State must consider the project nationally significant. (legislation.gov.uk)

The title to remember is The Infrastructure Planning (Business or Commercial Projects) (Amendment) Regulations 2026. They were signed by Housing Minister Matthew Pennycook on 7 January 2026 and came into force on 8 January 2026, after both Houses had approved the draft in November 2025. This is a textbook example of how a short SI can reshape a planning pathway while keeping public accountability. (statutoryinstruments.parliament.uk)