This is the second in a ten-part article series on the legal strategies shaping the future of data centre development in the UK. The UK data centre sector’s expansion is increasingly dominated by the shell and core development model. Hyperscale and major colocation tenants are seeking to deploy capital efficiently, accelerate their time-to-market, and retain maximum control over their proprietary technical environments. In response, developers are delivering powered shells – buildings with foundational power and cooling infrastructure but without tenant-specific fit-out – as the market standard. This approach provides tenants with the freedom to customise their IT architecture. But it also presents developers and investors with complex legal and commercial challenges. The core objective is to create a flexible, scalable asset while ensuring a secure, bankable investment that meets the stringent criteria of institutional finance. The success in shell and core projects depends on the seamless integration of planning, development, construction, leasing and regulatory strategies. A misstep in one area can cascade through the project, affecting finance, tenant relationships and operational performance. This second instalment of our Insight Series examines the legal frameworks underpinning these developments, from the structure of development management agreements and lease contracts to the regulatory considerations shaping the market.

This is the first in a ten-part article series on the legal strategies shaping the future of data centre development in the UK. The UK’s data centre market is entering a period of rapid expansion, set to grow from $10.7 billion in 2024 to $22.7 billion by 2030. This is being driven by the computational demands of artificial intelligence, the widespread shift to cloud services and the relentless rise of enterprise-level computing. The result is a highly competitive market for powered land. For hyperscale operators, institutional investors and specialist developers, the acquisition of these sites is no longer confined to the parameters of conventional real estate. Instead, it’s now a complex, high-stakes convergence of energy regulation, planning law and strategic commercial negotiation. Successfully navigating this landscape to deliver projects on time and on budget requires commercially astute legal advice to mitigate risk, unlock value and achieve market-leading outcomes. In this article, we explore the legal, regulatory and commercial strategies that underpin successful data centre development, from planning consent and power supply agreements to ESG integration and emerging technological requirements.

Consultation closed at the end of September on proposals to align national planning policy with the Government’s aspiration for Britain’s future as a ‘Clean Energy Superpower’ by 2030. Government has committed to respond before year-end. What Planning changes are proposed for those looking to deliver solar and onshore wind?

Consultation closed in late September on proposals to align national planning policy with the Government’s industrial strategy for key growth industries. Government’s response is awaited. In the meantime, what Planning changes are likely for delivering data centres, gigafactories, laboratories, freight and logistics?

Further to our previous articles on the market and sources of revenue for (standalone) project-financed BESS projects, this article considers the core transaction documents making up a project-financed BESS project and the similarity between these and the transaction documents commonly used in other renewable energy projects.  Whilst there are many commonalities with these other project-financed renewable energy projects, there are also key differences – in particular in respect of revenue contracts and the nature and terms of these. Below we briefly consider the transaction documents that are broadly similar to other (project-financed) renewable energy projects, and we then go on to consider in greater detail the relevant differences.

As covered briefly in our previous article, the “route to market” / offtake arrangements/ revenue contracts are perhaps the key difference between battery energy storage systems (BESS) projects and other project-financed renewable energy projects; often there is material exposure to market (or ‘merchant’) risk and this makes them arguably more challenging to project-finance for lenders.  In this article, we discuss the nature of revenue in a (standalone) BESS project, how electricity storage providers “stack” these revenues and we briefly introduce the contractual structures that are used in connection with the route to market for BESS projects (which we will cover in greater detail in our next article).