Directing data centres, gigafactories, and laboratories into the NSIP consenting regime process
The government has confirmed it will progress proposals that will allow the direction of data centres, gigafactories, and laboratories into the Nationally Significant Infrastructure Project (NSIP) regime. This was generally supported by respondents to the planning reform consultation, recognising the economic and strategic importance of these sectors to the development of the UK. The main concerns arising out of the consultation were fears that (a) decision making would be taken away from local groups, (b) there would be adverse impacts on the environment, and (c) the high-energy usage of these developments would be detrimental to net-zero targets.
The consultation responses did not indicate a common suggested limitation on the powers to direct a development of this nature into the NSIP regime. However, it was clear that the “scale” of development would be the trigger for direction, and that the government will give careful consideration to whether it should limit the direction power to developments over a certain size.
The government confirmed that environmental impact and mitigation is a crucial factor in consent being granted under the NSIP regime, noting that respondents felt the use of renewable energy sources at these sites would be vital, and that local concerns can be addressed during pre-application engagement, participation in examination, and the requirement on developers to submit Local Impact Reports.
In a recent blog, the opportunities available to developers/ owners/ occupiers in the commercial property sector of implementing rooftop solar PVs at new or existing developments were explored. The inclusion of this category of development in the NSIP regime may lead to greater utilisation of the technology, comforting those fearful of their environmental impact, whilst also creating sustainable, financially beneficial, and future-proof properties.
