Plan

The ‘Plan’ phase lays the foundation for bankable, sustainable operations by balancing technical requirements, regulatory compliance, financial structure and long-term planning.

Illustration representing the planning phase of the data centre lifecycle, showing site selection, regulatory compliance, sustainability and design strategy before development begins.

Typical objectives

1

Site selection, design & delivery model

In a fast‑moving market, owners and developers should align site selection, design intent and delivery model with clear objectives on capacity, timeline and cost.

2

Site acquisition

Assess real estate markets to secure sites with optimal connectivity, power availability, low environmental impact and strategic proximity.

3

Planning permissions & regulatory approvals

Navigate rigorous EU and UK standards to secure planning permissions and regulatory approvals across sustainability, telecoms infrastructure and data protection.

4

Structuring, JVs, exits, tax, disputes

Consider structuring, joint ventures and exit routes early to allocate risk and support funding. Tax planning and dispute avoidance.

5

Protecting intellectual property

Safeguard innovative designs and proprietary technologies with robust IP protection, registrations, and contractual controls.

6

Regulatory compliance & resilient systems

Plan compliance across energy, sustainability, AI and data. Build robust, secure systems protecting against cyber threats and physical breaches.

Technology being used to analyse data and make decisions that reduce risk across the data centre lifecycle.

Early, evidence-based decisions and stakeholder alignment set the pace and reduce risk throughout the lifecycle.

Key regulations

These regulations are all relevant when setting the framework for site selection, design, approvals and compliance in the ‘Plan’ phase.

Last updated 31 October 2025

These may be subject to change.

European Union

Energy Efficiency Directive (EU) 2023/1791
Commission Delegated Regulation (EU) 2024/1364
Energy Performance of Buildings Directive (EU) 2024/1275
Industrial Emissions Directive (EU) 2010/75
Environmental Impact Assessment Directive (EU) 2011/92
EU Taxonomy Regulation (EU) 2020/852
Corporate Sustainability Reporting Directive (EU) 2022/2464

National level

Relevant national implementations of EU directives
Applicable zoning law
Applicable environmental regulations
Relevant local regulation
e.g. regarding soil and groundwater contamination, explosive ordnance, monument protection

How we can help

Our team provide comprehensive support across all aspects of the ‘Plan’ phase, ensuring your data centre project is well structured for future success:

Site acquisition and due diligence

Zoning laws and permissions

Regulatory mapping and engagement

Design advisory and optimisation

Intellectual property protection strategies

Integrating green power solutions

Project structuring and governance

OUR Experience
UK energy and infrastructure investor
A UK energy and infrastructure investor on its first German data centre deal. Involving the purchase of two large areas of land, conditional on achieving planning permission for a multi-storey data centre site.

Our experts

Our team of specialists can guide you through every aspect of the ‘Plan’ phase.

Headshot of Joanna Peltzman, Partner and Head of ESG at Osborne Clarke France
Joanna Peltzman
Partner, Head of ESG
Osborne Clarke France
Headshot of Natalie Kopplow, Senior Associate at Osborne Clarke Germany
Natalie Kopplow
Senior Associate
Osborne Clarke Germany
A headshot of Dr Katarzyna Baranska, Partner at Osborne Clarke Poland
Dr Katarzyna Barańska
Partner
Osborne Clarke Poland
A headshot of Benedetta Mussini, Partner at Osborne Clarke Italy.
Benedetta Mussini
Partner
Osborne Clarke Italy
A headshot of Sylwia Uzieblokowalska, Counsel at Osborne Clarke Poland
Sylwia Uziębło-Kowalska
Counsel
Osborne Clarke Poland