New data center developments in Scotland with a power capacity above 50 MW will now be obliged to include an Environmental Impact Assessment (EIA) when applying for planning permission. The new direction, titled The Town and Country Planning (Environmental Impact Assessment) (Data Centres exceeding 50MW Power Capacity) (Scotland) Direction 2026, was developed with input from the Scottish Science Advisory Council (SSAC).
According to a press release from the Scottish Government, data center proposals below the 50 MW threshold are not automatically exempt from EIA requirements. These facilities remain subject to existing environmental impact assessment regulations, with the need for an assessment determined on a case-by-case basis according to the circumstances of the development and established legislative criteria.
“The Scottish Government recognises that data centres are a rapidly evolving sector attracting a broad range of views, opinions and concerns, and that evidence on the environmental impact of data centres continues to develop. As this is an emerging industry, we have the opportunity to get this right from the start. The guidance issued today is the next step in that process,” said Hannah Mary Goodlad, Public Finance Minister, Scotland.
She further said, “We must balance the economic and employment interests in developing data centres with national energy, climate and community wealth building ambitions, which are vital to our future prosperity, as well as the potential impact on local communities. Ensuring that an Environmental Impact Assessment is always part of the application process will create a level playing field for developers and will ensure potentially significant environmental effects are considered from the outset.”
An EIA assesses the likely significant environmental effects of a proposed development and brings those assessments together as part of the planning process. The requirement follows a planning direction published by the Scottish Government. Last month, the government also directed planning authorities to notify Scottish Ministers within seven days of validating applications for new data centers.