Judicial Review

The Infrastructure Planning (Business or Commercial Projects) (Amendment) Regulations 2026, which came into force on 8 January 2026, mark a notable development in England’s planning framework for large-scale commercial infrastructure. By expanding access to the Nationally Significant Infrastructure Project (NSIP) regime, the Regulations signal a shift in how certain strategically important developments, particularly data centres, may be consented going forward.
While the changes are evolutionary rather than revolutionary, they reflect a broader policy direction: recognising that some commercial developments now carry national economic and infrastructure significance, and may warrant a consenting route traditionally reserved for major public infrastructure.

The Planning & Infrastructure Bill represents one of the most significant overhauls of the UK planning regime in recent years. Part 3 of the Bill, which addresses long-standing environmental constraints on development, has been presented by government as a mechanism to unlock stalled housing and infrastructure schemes. Yet while the amendments promise to reduce costs and accelerate delivery, they also heighten the prospect of Judicial Review challenges. For developers, funders, and insurers alike, the stakes could not be higher.

The UK is poised for a substantial uplift in its data centre infrastructure, with nearly 100 new developments expected over the next five years – an increase of almost 20 per cent over existing facilities. This surge is driven by escalating demand for artificial intelligence processing power and fuelled by significant investments from major firms, including a £10 billion AI-focused centre in Blyth backed by Blackstone, and hundreds of millions of pounds from tech giants such as Google and Microsoft.