From 8 January 2026, UK data centre developers have a second consenting route. A new Statutory Instrument adds “data centres” to the schedule of the 2013 Business or Commercial Projects Regulations, so a promoter can ask the Secretary of State to treat a scheme as an NSIP and seek a Development Consent Order under section 35 of the Planning Act 2008. ([legislation.gov.uk](Link

This is not a blanket fast track. A direction is only possible if the Secretary of State judges the proposal to be of national significance; for projects in Greater London, the Mayor’s consent is required. The Act also prevents this route being used for any project that includes housing. ([legislation.gov.uk](Link

Ministers trailed the change in October 2025 and said a dedicated National Policy Statement for data centres will follow, setting thresholds and factors that point to national significance. That document will frame decisions in 2026, and developers should plan to respond to its consultation when it lands. ([questions-statements.parliament.uk](Link

Timelines matter for capex. Under the standard NSIP process the Planning Inspectorate has up to 28 days to accept an application, pre‑examination typically runs for around three months, examination is capped at six months, and the Secretary of State then has three months to decide. For well‑prepared schemes, the government’s fast‑track model targets roughly 12 months from acceptance to decision. ([infrastructure.planninginspectorate.gov.uk](Link

Which projects should consider this route? In Parliament, ministers suggested very large or complex campuses, schemes paired with on‑site energy generation, or projects that would benefit from a one‑stop decision could justify an NSIP request. Local planning remains available; opting in is voluntary and case‑by‑case. ([hansard.parliament.uk](Link

Site selection will be shaped by power, not postcodes. CBRE reports London is Europe’s largest data centre market with more than 1GW of capacity, but parts of West London face grid connection delays to 2030 or later, pushing new builds as far as 40 miles from the traditional availability zones. Expect land next to high‑voltage nodes and substations to command a premium. ([cbre.com](Link

Budgets will change profile under a DCO. Expect heavier up‑front spend on environmental assessment, consultation and detailed design to meet NSIP evidential standards. In exchange, the route can reduce duplication across multiple consents and consolidate risk into a single, lawful decision. Post‑decision challenges are confined to a six‑week judicial review window, which helps lenders price delivery risk. ([infrastructure.planninginspectorate.gov.uk](Link

Programme planning still needs realism. Including pre‑application, many schemes will run 18–24 months to a decision; fast‑track cases can aim for about 12 months from acceptance if documentation is tight. Build schedules will turn on early commitments to grid connections, cooling strategy and heat‑re‑use proposals that withstand examination. ([gov.uk](Link

Promoters eyeing London should plan added engagement. Any section 35 direction in Greater London requires the Mayor’s consent, so early alignment with City Hall on energy, carbon and design standards is prudent alongside national policy. That can be an asset for projects offering heat‑network connections or grid‑support services. ([legislation.gov.uk](Link

Demand isn’t the problem; power is. CBRE expects European colocation take‑up to set a new record, with London carrying a large share despite constrained connections. The NSIP pathway won’t create new electrons, but it does give credible, nationally important schemes a clearer planning route. Watch for the DSIT National Policy Statement and the Planning Inspectorate’s first few data centre casework decisions to set early precedents. ([cbre.co.uk](Link