- 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?
To construct a new building, applying for a detailed plan or building design specifications is necessary. A detailed spatial plan is needed to construct a new building or extension of an existing one in cities, towns, small towns and in public water bodies adjacent to such settlements. According to subsection 124(10) of the Planning Act, the municipality arranges the creation of a detailed spatial plan. Building design specifications are needed outside the settlements mentioned above.
However, subsection 130(1) of the Planning Act allows the municipality to conclude an administrative contract with the interested party to delegate the creation or commission of the detailed spatial plan creation. Additionally, subsection 131(2) allows the municipality to conclude an administrative contract with the interested party to complete the construction of any public roads and the related civil engineering works, vegetation, street lighting and technical infrastructure. Please note that no administrative contract is concluded when applying for design specifications.
If the detailed spatial plan does not alter the comprehensive spatial plan, the administrative contract for delegating the creation or commission of the detailed spatial plan is not concluded..
2. What is the planning/consenting designation or use class which datacentres fit into in your jurisdiction?
The intended purpose of the land is indicated in the comprehensive spatial plan. For constructing a data centre, the intended purpose should be production land. Commercial land is also applicable for communications construction works land, including telecommunications facilities land. However, it will not apply if any electricity is generated.
It should be noted that if the building requires a connection to electrical lines with a capacity of over 110 kW, a national designated spatial plan is needed.
3. Does the applicant have to own all of the land for the datacentre to apply for the consent?
Anybody may apply for the initiation of a detailed spatial plan or the building design specifications regardless of the ownership of the land. In practice, it is wise for the applicant to have a right to use the land, such as ownership, personal right of use or the right of superficies. When obtaining land ownership, the applicant should look into the intended purpose of the land. Additional restrictions apply for profit-yielding land.
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?
Understanding the legal landscape and current political policy both at the municipal, regional and national level.
Research which areas have available grid and power capacity with advantageous grid tariffs (i.e. location close to the energy production).
Pre-application discussions are recommended with local authorities and other stakeholders, and with Elering as Estonia’s national transmission system operator for electricity.
If the building is going to generate electricity in the meaning of the Electricity Market Act, it is necessary to assess the additional restrictions and requirements.
Apply for the initiation of the detailed spatial plan with the municipality. This step could take around three years. However, the time estimate is highly dependent on the location. Suppose the volume and purpose of the building match the environment already established in the area, and the comprehensive spatial plan determines the general use and building conditions of the corresponding area, including the conditions for issuing design specifications. In that case, the municipality may allow the development without creating a detailed spatial plan. Design specifications will be used in this case, and the timeline will be reduced to 30 days.
5. Do arrangements for access to utilities, energy and/or power need to be made to as part of the consenting process?
The location of any civil engineering works needed for the centre's operation is determined in the detailed spatial plan proceedings (or building design specifications). In the case of the detailed plan, the construction of the civil engineering works can be delegated to the interested party under subsection 131(2) of the Planning Act. Connection of the utilities to the grid is further determined with contracts concluded with system operators such as Elering, Tallinna Vesi or other local companies.
Practical access to utilities, including constructing a connection point, etc., will be the subject of a private contract with the relevant service provider.
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?
Even if an area is designated for industrial land, the comprehensive spatial plan is not enough to authorise the building of a data centre automatically, and a detailed planning procedure must be initiated and completed. If such a designation is already in place, a building permit and a use and occupancy permit are required.
7. What are the environmental considerations that need to be taken when obtaining data centre consent?
If the detailed spatial plan forms the basis of a construction with a significant spatial impact or if the detailed spatial plan alters the comprehensive spatial plan, a preliminary assessment must be made according to subsection 124(6) of the Planning Act. The data centre may be considered a construction with a significant spatial impact if it creates significant noise or other environmental impact.
8. Is biodiversity an important consideration when it comes to data centre consenting in your jurisdiction?
That designation will be binding if the comprehensive spatial plan designates the area as profit-yielding land. This designation can be changed with a detailed spatial plan, altering the comprehensive spatial plan. Such a plan must be warranted by the circumstances according to subsection 142(1) of the Planning Act. The procedure governing the creation of comprehensive spatial plans will then apply.
