Edinburgh councillors warned data centre ban could lead to costly legal defeats
Officials also recommend against Edinburgh producing own definition of ‘green’ data centres
Edinburgh councillors are being advised against introducing a ban on data centres, with officials warning such a move could be overturned by the courts and prove expensive for the council.
Green councillor Alys Mumford asked in January for the council to investigate whether it would be possible to impose a moratorium on data centre applications until there was a definition of “green” data centres, which the Scottish Government has classed as a national priority.
Data centres - giant server warehouses - typically use huge amounts of energy and water to operate and are therefore a matter of environmental concern.
Despite designating them as national infrastructure, the Scottish Government has so far not produced a definition of “green” data centres and Cllr Mumford also asked officials about Edinburgh coming up with its own definition which it could use to decide planning applications. The officials have now recommended against that too.
Their report will be considered by the council’s planning committee on Wednesday, June 17.
It says it is not possible to prohibit the submission of valid data centre applications and that if applications are not decided within two or four months, depending on the scale of the proposal, the applicant can appeal.
The report continues: “It would be unwise therefore to delay determination of applications until such time as the Government provides a green data centre definition.
“Similarly, if the council decided to put in place a blanket approach to refuse data centre applications, this could be considered an unreasonable approach in any subsequent planning appeal resulting in potential that any such council refusal is overturned and that the council has to pay the developer the costs resulting from the council’s approach.
“For these reasons, it is recommended a moratorium on data centre planning applications is not put in place.”
On the matter of a definition, the report says that since the council considers applications on a case by case basis it is “not necessary” to develop its own local definition.
“Should it choose to do so, it is a matter that should be consulted on. Such a consultation would take up considerable staff resource and work on this could prove abortive if, during the process, Scottish Government issues its own definition.”
And it added: “There is no guarantee that on appeal, government-appointed reporters, would opt to follow such council guidance.”
Cllr Mumford said officials were probably right about the legal risk to the council over a moratorium. “I don’t disagree with that element of the report. But where I do disagree with a report its recommendation we shouldn’t have an Edinburgh definition.
“‘Green’ data centres are listed by national government as essential infrastructure, but just a data centre would not be, so the distinction is really important but there’s no set definition of what that green data centre looks like.
“The government have said they’re going to provide a definition, but they have been saying this for sometime and it hasn’t materialised as yet - and we have applications now that we need to determine.
“Edinburgh has its own context; its own climate targets, which are very ambitious; we have our own biodiversity targets; and we have our own City Plan. It’s completely right that we should have our own criteria for data centres.
“If the government does then produce one, then they can work in tandem together and we can say ‘that’s the national one - in Edinburgh we have these extra qualifications we need.”