- Do you have to enter into a form of agreement with the local authority/municipality when applying for consent for a data centre in your jurisdiction?
- What is the planning/consenting designation or use class which datacentres fit into in your jurisdiction?
- Does the applicant have to own all of the land for the datacentre to apply for the consent?
- What are the steps that need to be taken to secure data centre consent in your jurisdiction? How long does each steps in the process typically take?
- Do arrangements for access to utilities, energy and/or power need to be made to as part of the consenting process?
- Are there clear land plans or zones in place which automatically authorise data centres or is the application process more complicated in your jurisdiction?
- What are the environmental considerations that need to be taken when obtaining data centre consent?
- Is biodiversity an important consideration when it comes to data centre consenting in your jurisdiction?
jurisdiction
1. Do you have to enter into a form of agreement with the local authority/municipality when applying for consent for a data centre in your jurisdiction?
The construction of a data centre requires a permit. The procedure to apply for a permit is different in the three Belgian Regions (Brussels, Flanders and Wallonia).
Usually, the permit application is preceded by informal talks with the local authority/municipality that is competent for granting the permit. The application file is generally prepared with an architect.
2. What is the planning/consenting designation or use class which datacentres fit into in your jurisdiction?
Town planning laws provide for different designation or use classes, but they do not foresee a specific category/zone for data centres. The use as a data centre must therefore fit within the framework of the existing zoning regulation. Usually, data centres can be found in industrial zones or business zones.
3. Does the applicant have to own all of the land for the datacentre to apply for the consent?
Ownership of the land is not necessary in order to apply for the required permit.
From a civil law perspective, the developer of a data centre can either be the owner of the land or benefit from a right to build.In the latter case, attention should be paid to the duration of the right to build and the consequences of its early termination.
4. What are the steps that need to be taken to secure data centre consent in your jurisdiction? How long does each steps in the process typically take?
The first step is to conduct a zoning check. If the data centre aligns with the zoning plan, the next step is to apply for permits. There is no specific timeframe for obtaining a permit, but on average, it takes about 6 to 12 months. This period could extend further if a third party challenges the project or the permit.
However, if the use as a data centre does not align with the zoning plan, discussions with local authorities could be initiated to explore the possibility of rezoning in order to allow a data centre. Rezoning may require involving regional authorities and several advisory bodies, to conduct a public survey, to draft a spatial implementation plan, etc.
This could be a lengthy and uncertain process.
5. Do arrangements for access to utilities, energy and/or power need to be made to as part of the consenting process?
Access to public utilities and electricity network are a part of the permit application. If the data centre requires heavy installations to produce energy or to generate heating and cooling, additional requirements may apply during the permit application.
6. Are there clear land plans or zones in place which automatically authorise data centres or is the application process more complicated in your jurisdiction?
There are no zones or land plans that automatically authorise and specifically target data centres. Part of town planning is based on factual appreciation of a given project. However, some zones will align more easily with the construction and/or operation of a data centre than others. This is the case for industrial zones and business zones.
7. What are the environmental considerations that need to be taken when obtaining data centre consent?
As part of the permit application, the construction of a data centre may be subject to a study of its environmental consequences. The outcome of this may have an impact on the decision to grant the permit and its conditions.
8. Is biodiversity an important consideration when it comes to data centre consenting in your jurisdiction?
The construction of a date centre may have an impact on biodiversity. The assessment of this is part of the permit application and the possible study of the environmental consequences.
