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Policy record, subnational

England: data centres added to the Planning Act 2008 business or commercial projects regime (SI 2026/13)

In effectEngland (statutory instrument extends to England and Wales, heading "Infrastructure Planning, England")Legally binding

SI 2026/13, made on 7 January 2026 and in force on 8 January 2026, adds "data centres" to the Schedule of the Infrastructure Planning (Business or Commercial Projects) Regulations 2013. This lets a data centre project be brought into the nationally significant infrastructure regime and authorised by a development consent order, but only if it meets the other section 35 tests and the Secretary of State gives a direction because the project is of national significance. It is an opt-in route, not an automatic NSIP threshold.

Current status

In force 8 January 2026. Section 35 direction route under the Planning Act 2008 relates to projects in England. Does not apply in Scotland or Northern Ireland, which have separate planning systems. Do not present as a UK-wide rule.

Who it applies to

Data centre projects for which a section 35 direction is requested and granted.

Exceptions: No numeric threshold set. No impact assessment produced.

What it means for cooling and power

Large English campuses can seek a single national consent route, which may shorten planning risk for multi-phase projects. Equipment suppliers should not assume a project has a DCO unless a section 35 direction and consent are published.

Editorial: business implications, not legal advice.

History

  1. 8 Jan 2026: Effective date
  2. 7 Jan 2026: Made

Related policy

Markets

Lifecycle

  1. Proposed or announced7 Jan 2026
  2. Consultationdate not recorded
  3. Adopted7 Jan 2026
  4. In effect8 Jan 2026

In force 8 January 2026. Section 35 direction route under the Planning Act 2008 relates to projects in England. Does not apply in Scotland or Northern Ireland, which have separate planning systems. Do not present as a UK-wide rule.

Sources (1), last checked 18 Oct 2026
  1. The Infrastructure Planning (Business or Commercial Projects) (Amendment) Regulations 2026 (SI 2026/13) (opens in a new tab), legislation.gov.uk (The National Archives), published 7 Jan 2026, accessed 18 Oct 2026

Last checked 18 Oct 2026 by CoolPower Index research (automated, sourced). Report a correction.

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