Legal challenge launched over government approval of Buckinghamshire hyperscale data centre

The 90MW facility, to be built on a former landfill site at Woodlands Park, Iver, was approved by Deputy Prime Minister Angela Rayner after she overruled the local council, which had refused permission due to the development’s location and environmental impacts. Foxglove and Global Action Plan say the decision ignored the vast electricity and water demands of the data centre, and failed to properly consider its climate impact. 

Represented by law firm Leigh Day, the groups say that - given hyperscale data centres consume enormous amounts of power and water and generate large volumes of carbon emissions - the Woodlands Park project could lock in decades of increased resource use, place new strain on local utilities, and undermine the UK’s net zero goals. 

In a pre-action protocol (PAP) letter previously sent to the Secretary of State for Housing, Communities and Local Government, Foxglove and Global Action Plan argued that the Secretary of State: 

• Failed to require a legally necessary Environmental Impact Assessment (EIA) despite the project’s significant environmental risks. 
• Failed to consider obviously material factors such as the development’s water needs, electricity demand and associated carbon emissions. 
• Granted permission unlawfully for a development that should have been subject to an EIA. 
• Irrationally credited the scheme with climate benefits despite evidence that renewable energy commitments cover only a fraction of its power use. 

Foxglove, alongside Global Action Plan, are represented by Rowan Smith, environment solicitor at Leigh Day. 

Foxglove co-executive director Rosa Curling said:  

“Angela Rayner appears to either not know the difference between a power station that actually produces energy and a substation that just links you to the grid – or simply not care.   

“Either way, thanks to her decision, local people and businesses in Buckinghamshire will soon be competing with a power guzzling-behemoth to keep the lights on, which as we’ve seen in the States, usually means sky-high prices.  

“It’s no secret just how much of our critical resources hyperscale data centres use, but the government has, bafflingly, decided to approve a new power guzzler smack bang in the middle of the Home Counties near London – and not even bothered to do its own environmental assessment. That’s not good enough and we are happy to see them in court to fix it.” 

Global Action Plan head of campaigns Oliver Hayes said:  

“Big Tech’s “nothing to see here” approach to the threats AI data centres pose for precious local resources and the planet is going unchecked by Angela Rayner.   

“The Deputy Prime Minister’s lack of meaningful scrutiny of this application has serious consequences for people in Buckinghamshire and sends a worrying signal to communities across the country that more and bigger data centres are inevitable.  

“As the purported benefits of AI come up against the very real and immediate costs, the cracks are clearly beginning to show in the Government’s AI agenda. Are the societal benefits of chatbots and deepfakes really worth sacrificing progress towards a safe climate and dependable water supply? The government must reconsider its rash decision or risk an embarrassing reality check in court.” 

Rowan Smith said: 

“The clients are rightly concerned that, in rejecting the need for a full environmental impact assessment, the Inspector failed to consider whether the data centre’s use of natural resources, including the massive quantities of drinking water required to keep it operational, would be likely to have a significant effect on the environment. Given this glaring omission, we hope that the Secretary of State will see sense and agree to the Court quashing the planning permission.”