Legal challenge sends data centre plan near Houghton Regis back to the council

The project was agreed by Central Bedfordshire Council’s development management committee in July, despite concerns about water usage to cool the premises and the resulting impact on local aquifers.

Applicant Colliers Properties LLC submitted full plans for the data centre facilities, with a substation compound, an attenuation pond and other equipment.

The scheme on 21.5 acres of land to the east of Sundon Road B5790 and west of the A505 also includes parking, an access from Chantry Way and landscaping.

Principal planning officer Caroline Macrdechian told the committee last summer: “The site falls within the urban extension of north Houghton Regis, referred to as Linmere.

“It’s part of the strategic allocation in the CBC Local Plan, which has outline consent for mixed-use development,” she explained. “This development is considered acceptable in principle.”

The company’s proposals were approved by the committee, subject to conditions, inclusion of a district heating network condition and completion of a Section 106 legal agreement, according to a report to a meeting of the committee next month.

The S106 arrangement is being finalised and to date, no decision notice has been issued, said the report. “CBC received a letter last month (March) from a solicitor on behalf of a third-party objector.

“The correspondence raised concerns that the climate-related and renewable energy mitigation measures relied upon aren’t suitably secured by condition, and the draft S106 agreement hasn’t been published before any lawful grant of permission.

“Planning weight was given therefore to mitigation, which wasn’t enforceable, potentially contrary to established case law. Legal advice was sought which advised the most appropriate way forward is to return the item to committee, enabling these matters to be addressed.

“The solicitor contends that the resolution should be revisited prior to determination and indicated that a judicial review may be pursued, depending on the council’s response.

“It’s concluded the issues raised by the third-party representation have been addressed adequately through the revised wording of condition 24 and the publication of the draft Section 106 agreement.

“These changes haven’t altered the conclusion and recommendation to approve the application, as set out in the planning officer’s original report. Although a planning notice has still to be issued, we’re at a stage where the final S106 version is agreed,” added the report.

“The council was advised that as planning permission hasn’t yet been granted, the local authority remains in control to address matters capable of being material to the planning balance before issuing a decision notice.”

Objector and head of strategy at non-governmental organisation Foxglove Tim Squirrell suggested data centres similar to the proposal “tend to consume between four and 19m litres of water a day” for cooling.

Planning agent for the applicant Nick Finney, of Data Center Dynamics, said previously: “The development offers the opportunity for a significant inward investment to the local economy.

“This scheme is part of the operator’s plans to invest £8bn in the UK by 2028. Data centres are the backbone of future economic growth and have been recognised as critical national infrastructure.

“We understand concerns about water usage. That would be air cooled for this project, which means no water is used to cool the servers for most of the year. Affinity has confirmed it can supply sufficient water.”

The committee is due to reconsider the plans at its meeting on Wednesday, May 6.