Post on 31-Mar-2015
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UKSPA Conference at Wolverhampton Science
Park
Procurement and Funding ofScience Parks
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• Partnerships for Science Parks - the participants, their roles and capacities - Clive Read
• Project planning - some points on site assembly, design and development – Paul Mountain
• State aid and science parks - the EU perspective on public funding support – Geraldine Tickle
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Partnerships for Science Parks - the participants,
their roles and capacities
Clive Read
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What is a Science Park?
• A long and complex history - diverse settings, parties and drivers
• European Union 1990 - New SMEs in a limited space; improve survival through modular building/common facilities
• IASP 2004 - specialized professionals whose main aim is to increase the wealth of its community through promotion of innovation and competitiveness via:– stimulation/management of knowledge/technology between
universities, R&D businesses, knowledge based institutions– facilities creation/growth of innovation based companies
through incubation/spin -offs– provides added value services and high quality space/facilities
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What this means:
• Provision of physical space is important but…
• Facilitating scientific knowledge and transfer of that knowledge into innovative commercial applications is absolutely vital
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Three principal aspects of a Science Park:
• Physical location is allied to a university
• High tech business is a core business
• Specialist management function assists start ups
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The triple helix (Etzkowitz and Leydesdorf 2000) - science parks - central institution
between universities and business to provide new collaborations in order to boost the transfer of technology and
application of scientific knowledge in the interest of economic growth
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Players involved in UK Science Parks
• Universities 71
• RDAs 31
• Local authorities 23
• Other public bodies 19
• Corporates 10
• Developers 7
• Financial institutions 3
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Why the parties come together
• Catalyst for research/knowledge transfer and exploitation
• Inward investment to a region
• Physical regeneration
• Performance outputs: SMEs/jobs/skills development
• Improvements to regional GVA
• Financial returns/incentives All designed to maintain UK’s global expertise
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Key requirements
• Land
• Siting at or a near a university
• Widespread support of stakeholders
• Remediation?
• Finance– RDA grants– Loans– Direct money– Collaborative partnerships
• End users
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How the parties come together • Constitutional duties and powers
• Convergence of: – Land availability– University knowledge transfer– Economic development and returns
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How the parties come together
• “Partners”
• “Collaborative partnership”
• “Joint initiative”
• “Joint venture”
• “Stakeholders”
• “Shareholders”
• “Limited liability company”
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Land issues
• Freehold ownership
• Long leaseholds – 99 years upwards
• Institutional leases 21/25 years but now 10/15 years
• Occupational leases - fixed terms 1 - 5 years +
• Short term licences - up to 12 months
All to make the science park an attractive place to do business
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Some challenges
• Attracting inward investment - BRIC• Maintaining a competitive edge - the
Science City model?• Financial models• Regionally bringing partners together• Legislative issues:
– Empty Rates– Planning Reform (again)– CIL
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Project planning - some points on site assembly, design and development
Paul Mountain
www.martineau-johnson.co.uk
Overview of themes
• Contractual Engagement
• Planning and Planning Policy
• Environmental Statements
• Compulsory Purchase
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Contractual Engagement
Science Park Co (“SPC”) may contract under a development partnership (with local authority/RDA) for: – RDA/local authority to provide land – Local authority to use CPO to assemble site – RDA to fund acquisition and site reclamation
costs – SPC to source funding and engage designers
and works contractors to develop the Park– SPC to devise and implement lettings policy,
operation and maintenance and PR /marketing
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Planning and Planning Policy
• Is local planning policy on the side of SPC’s development? Consult the Local Plan or equivalent
• If local authority is a stakeholder, planning policy is likely to be sympathetic
• To ensure due process, need to maintain separation of the local authority’s roles as:o planning authority/development regulatoro economic development
authority/development promoter
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Environmental Statements
• Directive 85/337 (in force in UK 1988): Environmental Statement (“ES”) for any major project likely to have significant environmental effects before planning permission is obtained
• Major Urban Scheme may include Science Park
• Role of the Local Authority - Screening Opinions
• Required format and content
• Risk of legal challenge if ES is defective
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Compulsory Purchase
• The role of the local authority in site assembly through CPO
• Relevant grounds upon which CPOs may be made
• Making and publicising the case
• Consulting affected owners and wider public
• Objections and legal challenges
• Valuation advice and provision for compensation
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State aid and science parks - the EU
perspective on public funding support
Geraldine TicklePartner
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AID
• Any form
• By or through state resources
• Distorts competition or threatens to
• Impact on intra-community trade
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AID
• Requires prior authorisation of EC
• Intensity thresholds
• Unlawful and recoverable from recipient for 10 years plus interest
• Some limited amounts allowed under de minimis – 3 years - sectors
• Block exemptions
• Special rules on land
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• R & D BER• Framework• New BER• Focus on innovation• Larger firms
AID
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Don’t Forget (1)
Merger Control
UK – turnover/supply test
EU – large turnover in more than 1 member state
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Don’t Forget (2)
• Purchasing• Thresholds• Notices• Processes
Public Procurement
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Geraldine TicklePartnerT: 44(0)870 763 1529E: geraldine.tickle@martjohn.com
Clive ReadPartnerT: 44(0)870 763 1439E: clive.read@martjohn.com
Paul MountainPartnerT: 44(0)870 763 1344E: paul.mountain@martjohn.com