The Government are committed to ensuring that the planning system effectively facilitates development to meet the needs of a modern economy, including supporting essential digital infrastructure such as data centres.
In December last year, following consultation on how the national planning policy framework could better support economic growth in key sectors, we announced plans to enable certain large-scale projects within knowledge, creative, high technology and data-driven industries to be directed into the nationally significant infrastructure projects consenting regime process.
The Government are now taking an important step towards ensuring that they can do so. I can confirm that applicants wishing to request that projects to develop large laboratories or gigafactories be directed into the NSIP consenting regime process may make a request to the Secretary of State under section 35 of the Planning Act 2008 under the existing industrial process or processes and research and development of products or processes descriptors prescribed in the Infrastructure Planning (Business or Commercial Projects) Regulations 2013.
Furthermore, I have today laid the draft Infrastructure Planning (Business or Commercial Projects) (Amendment) Regulations in Parliament. This draft statutory instrument amends the 2013 regulations to provide that data centres are prescribed projects capable of being directed into the NSIP consenting regime under section 35 of the 2008 Act.
The draft regulations are subject to the affirmative parliamentary procedure. Subject to parliamentary time and approval, we hope to make these regulations and for them to come into force later this year or early next. This will then enable developers of certain proposed data centres on request to opt into the NSIP consenting process, provided the Secretary of State thinks that the project or proposed project is one of national significance and the development meets the other requirements set out in section 35 of the 2008 Act.
To support this change, the Department for Science, Innovation and Technology will prepare a new national policy statement for data centres. This will set out the national policy for this sector and the policy framework for decision making for data centres. It will also include the parameters, thresholds and other relevant factors which may indicate whether such a development is of national significance and capable of meeting the requirements of section 35 of the 2008 Act in order to be directed to proceed through the NSIP consenting regime.
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