FOI Request - Data Centre Planning Applications

Request 101003971214

Please provide the following:

1. Planning applications (last five years):

All planning applications submitted to the council since 1 January 2021 that relate to data centres, cloud computing facilities, hyperscale computing facilities or AI infrastructure. For each application, please provide:

a) Planning reference number

b) Application date

c) Applicant name (individual or corporate)

d) Site address

e) Brief description of proposed use

f) Current status (approved, refused, withdrawn, pending)

g) Decision date (if determined)

2. Non-disclosure agreements:

Copies of any non-disclosure agreements (NDAs), confidentiality agreements or similar instruments entered into by the council with applicants, developers or operators in connection with data-centre planning applications or negotiations since 1 January 2021. If full copies cannot be disclosed due to commercial sensitivity, please provide:

a) The number of such agreements

b) The parties to each agreement

c) The date each agreement was signed

d) A summary of the type of information covered (for example, site location, energy consumption, tenant identity)

e) Whether each agreement has expired or remains in force

3. Policy and guidance:

Any internal guidance, policy documents or legal advice provided to planning officers or councillors regarding the use of NDAs or confidentiality clauses in data-centre planning matters.

4. Correspondence and briefings:

Any correspondence (including emails) or briefing notes between council officers, elected members and data-centre developers or their agents concerning confidentiality, NDAs or the withholding of information from the public domain in relation to data-centre projects since 1 January 2021. (If too large, please provide a schedule or log showing date, parties and subject, rather than full text.)

5. Public interest arguments:

I recognise that some of this information may engage exemptions under sections 41 (information provided in confidence), 43 (commercial interests) or others. However, I contend there is a strong public interest in disclosure because:

a) Data centres are now classified by the UK government as critical national infrastructure, affecting energy security, environmental planning and local resilience.

b) The practice of councils signing NDAs with private developers has attracted significant public and media scrutiny, including recent commitments by major operators to cease requiring such agreements.

c) Transparency in planning processes is essential to democratic accountability, particularly where large-scale developments with significant energy, water and land-use implications are involved.

d) Public debate about the location and environmental impact of hyperscale facilities is hampered when key details are withheld under commercial confidentiality.

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