Ministers hit with statutory review threat over data centre approval

Deputy PM and Secretary of State for Local Government Angela Rayner approved the construction of a new 90MW data centre in Buckinghamshire on 9 July, citing direct and indirect employment impacts and the need for and lack of alternative sites for data centres.

The decision notice approving the new centre – which will be built on a former landfill site near the village of Iver – also applied "moderate weight" to the scheme's "contribution to mitigating climate change, and biodiversity net gain".

However, non-profit Foxglove and climate charity Global Action Plan, who are pursuing the legal challenge together, argue that the decision failed to require a legally necessary Environmental Impact Assessment (EIA) despite the project's "significant environmental risks".

Their pre-action protocol letter claims the permission was unlawfully granted as it lacked an EIA.

It also contends that the decision failed "to consider obviously material factors such as the development's water needs, electricity demand and associated carbon emissions".

Finally, the letter argues that the decision irrationally credited the scheme with climate benefits "despite evidence that renewable energy commitments cover only a fraction of its power use". 

Law firm Leigh Day is acting on behalf of the claimants.

The legal challenge comes as the rate of planning permissions for data centres – which are essential for Artificial Intelligence technology – is surging.

Construction researchers Barbour ABI shared analysis last week with the BBC, which said the number of data centres in the UK is set to increase by almost 100, with the majority being built over the next five years.

Global Action Plan head of campaigns Oliver Hayes said: "The Deputy Prime Minister's lack of meaningful scrutiny of this application has serious consequences for people in Buckinghamshire and sends a worrying signal to communities across the country that more and bigger data centres are inevitable."

Rowan Smith of Leigh Day, said: "The clients are rightly concerned that, in rejecting the need for a full environmental impact assessment, the Inspector failed to consider whether the data centre's use of natural resources, including the massive quantities of drinking water required to keep it operational, would be likely to have a significant effect on the environment.

"Given this glaring omission, we hope that the Secretary of State will see sense and agree to the Court quashing the planning permission."

A spokesperson for the Ministry of Housing, Communities and Local Government said the department would not comment on threats of legal action.

Adam Carey