Will digital infrastructure take a step forward into the NSIP consenting regime?

On 15 October 2025, Matthew Pennycook, Minister of State for Housing and Planning issued a statement setting out how the Government will take forward its intention to enable data centres to be directed to the NSIP consenting regime.

The statement confirms that applicants can currently make a request to the Secretary of State under section 35 of the Planning Act 2008 for a project involving the development of a large laboratory or gigafactory to be directed into the NSIP consenting regime. This is under the existing descriptors ‘industrial process or processes’ and ‘research and development of products or processes’ prescribed in the Infrastructure Planning (Business or Commercial Projects) Regulations 2013 (“2013 Regulations”).

A data centre does not currently fall under these so the statement also announces that the draft Infrastructure Planning (Business or Commercial Projects) (Amendment) Regulations were laid in Parliament on the same day. These amend the 2013 Regulations to specify that data centres in England and Wales are also prescribed projects for the purpose of making a section 35 request and are expected to come into force later this year or early in 2026. This means that a data centre could be consented via a DCO if the Secretary of State thinks the project is one of national significance and meets the section 35 requirements.

The Department for Science, Innovation and Technology will be preparing a new National Policy Statement to set out the parameters, thresholds and factors indicating if a data centre project is of national significance so this will be key to understanding the scope of the amendment. These changes are also being introduced in the context of the Government’s wider, parallel programme of DCO reforms.

If the new Regulations are introduced, careful thought will need to be given to the appropriate consenting strategy on a project by project basis; there are strategic and practical benefits associated with each of the available routes. My colleagues Gary Soloman, Partner, and Matthew Tucker, Senior Associate, have specific expertise in this area so please do reach out if you have any queries.