Infrastructure Planning (Business or Commercial Projects) (Amendment) Regulations 2026 adds data centres to prescribed projects under Planning Act 2008 — implications for UK health and safety law and business regulatory compliance
What has changed
The amendment to the Infrastructure Planning (Business or Commercial Projects) Regulations 2013 adds data centres to the prescribed description of business or commercial projects for the purposes of section 35(2)(a)(ii) of the Planning Act 2008. This means certain large scale data centre developments may require Development Consent Orders under the Infrastructure Planning regime rather than the standard planning process.
Why this matters
Expanding the regime to include data centres changes the regulatory pathway, with potential impacts on governance, project timelines and compliance obligations. Developers and operators should expect formal consultation, mandatory evidence gathering and robust oversight to satisfy planning and environmental requirements. organisations should consider integrating health and safety governance with planning compliance, and reference robust management systems such as ISO 45001 occupational health and safety management to demonstrate systemic risk control.
What organisations should do next
Practical steps include:
- Review project eligibility under the amended Regulations to determine whether Development Consent is required
- Engage with the Planning Inspectorate and local planning authority to understand procedural steps and timetables
- Prepare Environmental Impact Assessments where applicable and compile necessary supporting documents for a DCO
- Assess how the change affects governance, risk management and contractor oversight; ensure robust health and safety governance and competent oversight
- Update risk assessments, construction phase safety plans and safety training to address consent conditions and monitoring requirements
- Review contractor management and procurement processes to align with new consent expectations and monitoring regimes
- Integrate with an established management system such as ISO 45001 to support ongoing compliance and continual improvement
Synergos can support this transition with governance reviews and health and safety risk assessment services, plus training and ISO 45001 alignment guidance. Learn more at health and safety risk assessments or explore Competent Person support.
In summary, the amendment extends the Infrastructure Planning regime to data centre developments, affecting governance, risk management and regulatory timelines. Organisations should act now to integrate planning compliance with HSE obligations and project delivery controls.
