Summary
- Qualifying data centre development consent applications submitted from 2 November 2026 must demonstrate at least 10% biodiversity net gain.
- Applicants must provide an outline biodiversity gain plan supported by the statutory biodiversity metric.
- Significant habitat improvements generally require legal protection and maintenance for at least 30 years.
Developers submitting nationally significant data centre applications in England must now demonstrate at least 10% biodiversity net gain, following the extension of mandatory environmental requirements to major infrastructure projects on 2 November 2026.
The new requirement applies to qualifying development consent order applications submitted on or after that date. It introduces obligations covering habitat assessment, measurable environmental improvements, and arrangements for maintaining those improvements over the longer term.
The Department for Environment, Food and Rural Affairs has published a biodiversity gain statement specifically addressing data centre nationally significant infrastructure projects, explaining how developers must calculate, deliver, and demonstrate compliance.
The statutory framework was introduced through the Environment Act 2021 and amendments to the Planning Act 2008. The Secretary of State must be satisfied that the biodiversity gain objective has been met before granting development consent for a project covered by the requirement.
The objective requires the biodiversity value attributed to the development to exceed the pre-development biodiversity value of the relevant habitat by at least 10%.
Developers must use the statutory biodiversity metric to calculate that value. The assessment considers habitat characteristics, including type, condition, and area, rather than relying on an unsupported assertion that landscaping will improve the site.
A qualifying application must include an outline biodiversity gain plan explaining how the developer intends to meet the statutory objective.
For a large data centre campus, preparing that plan requires consideration of the land occupied by buildings, electrical infrastructure, cooling equipment, access roads, construction activities, and associated development.
The requirement can influence site design because a project’s environmental footprint extends beyond the principal data halls. Substations, drainage infrastructure, construction compounds, and access arrangements can affect habitats even where those areas will not contain computing equipment.
The statutory statement requires applicants to account for the realistic worst-case extent of habitat loss or deterioration where elements of the design remain uncertain.
That provision is relevant to phased campuses, where later buildings or infrastructure may not have reached the same level of design detail as the initial construction phase.
Applicants must establish a habitat baseline and explain how the proposed development affects it. Areas that will be damaged or used to deliver biodiversity improvements must be identified within the assessment boundary.
Developers can meet the objective through habitat creation or enhancement on their site, registered improvements elsewhere, or a combination of the two.
Where sufficient biodiversity gain cannot be achieved through those arrangements, statutory biodiversity credits may be purchased as a last resort.
The requirements operate alongside the mitigation hierarchy. Developers should first seek to avoid significant environmental harm, then reduce unavoidable effects, and provide appropriate compensation where necessary.
Consequently, biodiversity net gain does not simply provide a mechanism for paying to offset every environmental impact. Applicants must demonstrate how the development has been designed to avoid and minimise harm before addressing the remaining requirements.
On-site habitat improvements may be incorporated into land surrounding the operational buildings or infrastructure. Their suitability depends on the site’s ecological conditions and the requirements established through the statutory metric.
Areas needed for future construction, equipment maintenance, or access must be considered carefully because habitat commitments can constrain how land is used over subsequent years.
Significant on-site habitat creation and enhancement counted towards the biodiversity objective must generally be maintained for at least 30 years after the relevant works are completed.
Those obligations must be secured through appropriate development consent requirements, planning obligations, or conservation covenants, supported by a habitat management and monitoring plan.
Registered off-site biodiversity gains must also be legally secured for at least 30 years. Their allocation to a project must be recorded through the relevant biodiversity gain register.
The long-term management requirement can extend beyond the construction programme and become an ongoing obligation associated with the data centre estate.
Applications must also address habitats that cannot readily be recreated. Irreplaceable habitats receive different treatment under the framework, with bespoke compensation requirements where loss or deterioration occurs.
The new commencement date does not mean every data centre development in England now follows the nationally significant infrastructure consent process.
Ordinary planning applications remain subject to their applicable statutory and planning requirements. The new provisions concern qualifying nationally significant infrastructure projects, including relevant developments directed into the consent regime under section 35 of the Planning Act 2008.
The timing of an application also matters. A project submitted for development consent before 2 November is not automatically brought within the new commencement requirement merely because its examination or subsequent decision continues beyond that date.
The government has separately published a draft National Policy Statement for data centres, establishing a proposed framework for decisions on nationally significant developments.
Biodiversity net gain introduces a distinct statutory obligation alongside wider assessments concerning electricity infrastructure, water, emissions, and land use.
Developers will need to demonstrate how the required improvements are calculated and secured through their consent documentation, with updated or phased biodiversity gain plans providing further detail before the relevant development proceeds.
