RECENT proposals for AI data centres reveal a "democratic deficit" at the heart of Scotland's planning system, campaigners have warned.
Local communities in Auchtertool and Larbert have rallied against formal applications for data centres, while campaigns have launched to halt plans for centres in the Lammermuir Hills, Scottish Borders, and Blackdog, Aberdeen, among others.
According to environmental campaign group Action to Protect Rural Scotland (APRS) there are more than 25 sites across Scotland being eyed up by developers, with formal applications lodged with councils for South Gyle, Edinburgh, Auchtertool, Fife, and Larbert, Falkirk.
But campaigners are worried that Scotland's planning system is built in favour of developers, highlighting short objection timeframes, piles of paperwork and a lack of appeal rights as major barriers to local empowerment.
Speaking to The National, Clare Symonds, chief officer of campaign group Planning Democracy explained that "communities are expected to engage with consultations, scrutinise applications, contribute local knowledge, help to prepare Local Place Plans and participate constructively in decisions that will shape their environment and quality of life for generations," but in the timeframe allotted for this to happen, this often cannot happen.
"The reality is that meaningful participation remains out of reach for many people," she explained.
"Members of the public are routinely given just a few weeks to respond to major developments supported by hundreds, sometimes thousands, of pages of technical documentation.
"Important information is often dispersed across dozens of separate files hidden within planning portals that can be difficult even for experienced campaigners to navigate.
"The challenge has become so significant that organisations such as Planning Democracy are developing guidance to help people simply locate and understand the documents relevant to issues such as nature and biodiversity."
Her comments come after Apatura submitted an planning permission application to Falkirk Council for a 300MW AI data centre in Larbert. Unlike the applications in Edinburgh and Fife, Apatura's application included an Environmental Impact Assessment (EIA).
A principle concern with data centres is how they will impact the local environment, air quality and how much water and energy they will require, so Environmental Rights Centre Scotland told The National that this was a welcome move, but there remains concerns over how this can be scrutinised.
Apatura's application included 52 documents related to the EIA, bringing the total to more than 100 separate pieces of paperwork.
Under Scottish planning laws, local residents are given 30 days to lodge any objections to a proposal which includes an EIA. The window for other applications is just 21 days.
Speaking to The National, APRS director Kat Jones said: "The developers have made it as difficult as possible for communities to input to this application.
"There are hundreds of documents to look through and the environmental Impact Assessment alone is split into 52 separate documents, making it impossible to scrutinise.
"We call on the council to allow enough time for people to respond to this application and ask that they collate the documentation into a reasonable number of documents so that local people and wider civil society can see what is actually planned."
Symonds echoed this, saying: "Despite repeated references to community empowerment, there is little practical support available to help people engage on an equal footing.
"Too often, communities are treated not as partners in decision-making but as obstacles to be managed. Participation becomes a procedural requirement rather than a genuine sharing of power.
"The imbalance is compounded by the fact that developers have access to professional advisers, legal representation and rights of appeal, while communities are largely limited to submitting representations that may ultimately be given little weight.
"Those seeking to protect local environments, biodiversity, landscape character and community cohesion frequently find themselves at a significant disadvantage compared to those who stand to make substantial profits from development."
Beyond the timeframe allotted for scrutiny, there are also concerns about the wider Scottish Government frameworks, with fears that planning officials are not being given enough guidance to properly rule on AI data centre applications.
"Green data centre" is a specific term within Scottish planning regulations, the National Planning Framework 4 (NPF4). They are regarded as nationally important projects due to their role in Scotland's digital infrastructure network, meaning they may be given favourable weighting in planning decisions.
However, the Scottish Government offers no definition of what it means, or any requirements for a centre to be classed as green, and instead has said this decision sits with local authorities.
The framework was also designed in 2022 and published in early 2023, before the widespread expansion of large-scale AI infrastructure and demand for the technology. Instead, it was primarily intended to support smaller facilities underpinning cloud computing and digital services.
This also means that the predicted impacts relating to energy consumption and carbon emissions from their growth is significantly lower than the expected increase caused by AI.
APRS has campaigned for an urgent update to planning regulation around data centres, with Jones saying there has been "olympic level green washing" by the developers of so-called "green data centres", which can have huge impacts on the environment
The EIA for the Apatura development in Larbert states that the data centre would have a "major adverse (significant)" impact on greenhouse gas emissions during both construction and operation.
A "major adverse" rating was also given for the impact its operation will have on the area's groundwater ecosystem and a "minor adverse (not significant)" impact on its flood risk. The report states that "no additional mitigation or monitoring is proposed", although a sustainable drainage system (SuDS) is expected to be landscaped and constructed.
The Larbert planning application makes reference to the construction of underground diesel stores to hold capacity of 48-hours worth of fuel to power 200 backup generators.
The backup generators planned at the proposed South Gyle centre in Edinburgh, which was rejected in an initial planning decision, would have a carbon output of more than 200,000 tonnes per year, which is equivalent to building a second Edinburgh Airport, according to the developers, Shelborn Drummond.
Symonds said there needs to be urgent action to address the "democratic deficit" in local planning.
She said: "This democratic deficit is particularly concerning given the scale of decisions now being made under NPF4. The framework was introduced with ambitions to tackle the climate emergency and secure positive effects for nature, yet the jury remains out on its effectiveness in protecting nature in practice.
"Who is systematically monitoring whether these outcomes are being achieved? Who is scrutinising whether Local Place Plans are genuinely influencing decisions? And who is holding the system accountable for delivering the nature-positive future that was promised?"
Symonds and Planning Democracy have also backed the creation of a dedicated Scottish Parliament committee focused specifically on planning oversight.
"If public participation is to be more than a box-ticking exercise, communities must be given not only responsibilities but meaningful rights, proper support, transparent scrutiny and equal rights of appeal. Without that balance, power will continue to rest disproportionately with those seeking to profit from development rather than with those seeking to protect the places they call home."
Planning Democracy, together with organisations such as APRS and ERCS, has campaigned for Equal Rights of Appeal, which would allow local communities to appeal the decision of planning authorities in the same way developers can.
The South Gyle proposal in Edinburgh is currently subject to an appeal. The council was recently informed through a report that its plan to impose a moratorium on data centre developments was likely legally and practically impossible due to Scottish planning laws.
Symonds said: "The injustice remains plain to see: communities are expected to participate, volunteer their time, contribute local knowledge and shoulder the consequences of development decisions, yet they are denied the same procedural rights afforded to those pursuing private gain.
"In a planning system increasingly driven by growth and investment objectives, the voices of local people too often carry less weight than the interests of powerful developers.
"Until communities have genuinely equal rights within the system, claims of participation, empowerment and fairness will ring hollow."
Commenting on the concerns, the Convention of Scottish Local Authorities (Cosla) says it supports processes that prioritise local decision making.
A Cosla spokesperson said: “Local democracy is integral to the planning process. Cosla support local decision making which allows for all views to be balanced and approved through the democratic process.”
The Scottish Government did not respond to questions regarding the lack of definition or requirements for "green" data centres under NPF4, instead saying: “Scotland has significant strengths as a location for green data centres – abundant renewable energy, a highly skilled workforce and a resilient fibre backbone.
“Our aim is to secure commercial investment in data centres that help drive economic growth while aligning with Scotland’s net zero ambitions and delivering benefits for communities.”
