On 8 January 2026 Parliament made the Infrastructure Planning (Business or Commercial Projects) (Amendment) Regulations 2026 (the Regulations), taking concrete steps to bring major data centre developments within the Nationally Significant Infrastructure Projects (NSIP) consenting regime.

Prior to this change, irrespective of the size of the intended data centre, developers could only apply to the local planning authority to obtain consent under the Town and Country Planning Act 1990. The Regulations provide that data centre development can now be directed through the NSIP consenting process under a Section 35 Direction in accordance with the Planning Act 2008. 

What does this mean for data centres?

Further guidance is expected via a National Policy Statement (NPS) later this year which is anticipated to include details specifying the size, thresholds and parameters of data centres to be considered nationally significant. Subject to the expected provisions, developers may request for consent to be sought via a Development Consent Order (DCO). The DCO process consolidates the application for planning permission, highways and compulsory acquisition into a single application process. 

These Regulations follow reforms to the National Planning Policy Framework in 2024 and 2025 which introduced support for data centres. Recognising data centres as NSIP’s signals a clear commitment of the UK Government to boost the UK’s digital infrastructure. The NSIP process provides developers with a nationally coordinated path and a more predictable process for delivering such projects. The new Planning and Infrastructure Act 2025 was also introduced to streamline the process and accelerate the delivery of NSIP’s – all part of the Government’s commitment to fast track 150 major infrastructure projects by the next general election. 

What should developers do now?

Developers should watch out for the publication of the NPS later this year for clarification of the thresholds and criteria for national significance. We will issue an update once this has been published. 

To ensure data centre applications are ready for the DCO process, it is worth developers considering now how this may impact developments and engage with the evolving NSIP guidance and Planning and Infrastructure Act 2025.