REGENERATION PROJECTS: PARTNERSHIP APPROACH AND LESSONS LEARNED
INTRODUCTION
The purpose of this paper is to consider how a partnership approach to regeneration helps establish what will make a project viable and informs the parties how best to deliver a sustainable project. The three authors have each been involved in regeneration projects for over 20 years and have seen many different approaches to carrying out regeneration projects; some more successful than others. In considering the various projects the authors have been involved in, it is interesting to consider what differentiates some of the more successful projects from the others.
Key Topics The following key topics will be considered.
● The public/private and public/public interface and how this works in practice
● The changing shape and emphasis of partnership working in times of economic and political uncertainty; remember in his inaugural speech David Cameron referred to a number of core values including the need for “real change” based on “rebuilding family, rebuilding community, and above all, rebuilding responsibility”. It remains to be seen what the impact of recent political developments will be on public/ private working.
● Funding, both public/private and public/public, and their relationship with each other
● The impact of recent legal developments on partnership working and structures. A key development is the introduction of the Remedies Directive in December 2009. This has radically changed the nature of remedies available in the event of breach of certain EU public procurement rules. Any planned development needs to have a strategy for addressing procurement and state aid
30 Tiffany Cloynes
issues, always with an eye on the potential for challenge which, under the new Remedies Directive, could now lead to an agreement being declared ineffective, as opposed to a right purely in damages.
To illustrate these topics presented below are two Case Studies detailing projects Cobbetts have recently been involved with to show how these were undertaken and how partnering was used to ensure that the projects achieved (and are continuing to achieve) the parties’ objectives. The case studies will highlight what went well and where valuable lessons were learned in order to better inform future processes and methodology. The two projects are MediaCityUK, where Cobbetts is acting on behalf of a private developer Peel Holdings and Leeds Arena, where Cobbetts are acting on behalf of both Leeds City Council and Yorkshire Forward.
Types of Partnership Arrangements
There are a number of different ways in which a “partnership”, can be created, for example
Formal joint venture arrangements between a public sector authority and a private sector developer, with special purpose vehicles (companies, or limited liability partnerships being two examples) set up to carry out the development, and where each party has a stake in the SPV, and their respective interests are governed by the SPV’s constitution (partnership agreements), or separate shareholder agreements
Contractual arrangements. These may take various forms, including the PFI/PPP model, framework agreements and development agreements where a developer commits to carrying out a development on land owned by the public authority in return for acquiring an interest (often freehold or long leasehold) in the completed development.
In general terms we will consider a public authority and private sector developer working together to ensure that a regeneration project is delivered where funding is coming from the public sector, often through several different funding streams, and separate funding from the private sector.
“Common Goal”
While achieving a common goal (the delivery of the development project) may be what the parties are setting out to do, often the public sector authority and private sector developer will have different views on what that “common goal” is, and how to achieve it.
For the public authority, its regeneration aims are likely to include
● Bringing derelict/unused land back into use ● Attracting investment to the area ● Creating employment opportunities ● Upgrading local infrastructure ● Improving quality of life for residents
ASSET - Liverpool-10
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