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Synopsis
These regulations allow data centre projects to be authorised via the Nationally Significant Infrastructure Project regime under the Planning Act 2008, when directed by the Secretary of State.
Where a direction is made, planning for prescribed projects will not be determined as a planning application to the local planning authority.
Summary
The Infrastructure Planning (Business or Commercial Projects) (Amendment) Regulations 2026 amended the Infrastructure Planning (Business or Commercial Projects) Regulations 2013 on 8 January 2026.
This legislation applies in England only.
What has changed?
The Infrastructure Planning (Business or Commercial Projects) Regulations 2013 allows ‘prescribed projects’ to be authorised via the Nationally Significant Infrastructure Project (NSIP) regime under the Planning Act 2008, when directed by the Secretary of State. Where a direction is made, planning for prescribed projects is determined through the NSIP regime by the Planning Inspectorate, rather than as a planning application to the local planning authority.
The Infrastructure Planning (Business or Commercial Projects) (Amendment) Regulations 2026 add data centres to the list of prescribed projects, enabling determination through the NSIP route when a direction is made.
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