Explanatory note

These Regulations amend the Infrastructure Planning (Business or Commercial Projects) Regulations 2013 to add data centres to the prescribed description of business or commercial projects (or proposed projects) for the purposes of section 35(2)(a)(ii) of the Planning Act 2008 (“the Act”).

Development forming part of a project falling within the prescribed description can be authorised under the planning regime if that project meets other requirements in section 35 of the Act and the Secretary of State gives a direction under that section. The Secretary of State can only make a direction if the Secretary of State thinks that the project is of national significance.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary sector or community bodies is foreseen.