What is Jessica?

Chapter members who attended the lunch on 19^th January heard our speaker Paul Aldridge reference 'Jessica’ and might have wondered what that meant.  Here is a more complete explanation from Paul.

"For those keen and hardy souls, I'm afraid to be the bearer of disappointing news - there are not yet any academic papers to hand that I am aware of for circulation."

"Jessica stands for 'Joint European Support for Sustainable Investment in City Areas,' and the essence of the position is shifting public sector funding towards a position of recoverability. In other words, it is proposed that Jessica stand as a 'loan,' but it doesn't have first charge over land in the manner that you'd expect with commercial debt finance."

"Exactly how this works in a tiered hierarchy of returns remains to be seen. A cynic could say if it's not first charge on the asset then it's pretty unlikely to be recovered, but it's just too early to see how it works. I hope that it moves us to a position of more economically sustainable development where the principles of equitable return on traditionally grant funded schemes are accepted, accepting that the risk profile for the parties may have to change to effect this shift. There are working papers in hand with WAG and NWDA, but the nuts and bolts of the project funding approach just aren't there yet."

See the Jessica information at the European Investment Bank web site: 

http://www.eib.org/projects/publications/jessica.htm.

"Jessica: A new way of using EU funding to promote sustainable investments and growth in urban areas." (Date: 05/09/2008)

A 6 page PDF file describing Jessica is viewable from the above site in several languages, with the English version here:

http://www.eib.org/attachments/thematic/jessica_2008_en.pdf

Delivering Regeneration - The Role of Local Asset-Backed Vehicles

How does a landowner without access to finance secure development of his land without either selling it or losing all control via a lease? This conundrum has been with us throughout my career and Local Asset-Backed Vehicles are the latest solution offered. Paul Aldridge and his firm, King Sturge,  are at the forefront of the initiative, and he came to our Lunch on 29th January 2009 to explain what they are up to; starting with a single project in 2002, they now have 30 or so in various stages of progress.

The idea is straightforward. The land is placed in a ‘vehicle’, usually a limited liability company in which the shareholders comprise the landowner, one or more development partners, who would be expected to bring substantial ‘seed’ capital, and perhaps a bank or other financier. The company follows proper corporate practice, with regular board meetings attended by directors nominated by the parties who bring expertise as well as exercising corporate responsibility. The vehicle is given a limited life, usually around 15 years. At the end of that period, the company is wound up, profits are taken and the land reverts to the landowner. During the development period the land is ‘drawn down’ by the developer in accordance with demand at a formula-driven price, developed and let.

As Paul emphasised, one of the keys to success will lie in getting the Memorandum and Articles in a shape that properly represents the wishes and interests of each party. There is usually a lock-in period of around 10 years, but thereafter interests can be sold, albeit that they may not be that liquid.

These arrangements are, in Paul’s view, particularly suited to public bodies with extensive or critical land holdings where they wish to bring about development in the interests of regeneration but they have neither the skills nor the financial backing to carry out development themselves; he illustrated this with the projects already under his belt. The general structure is flexible enough to allow for development elements of a ‘social’ or below-market nature, but, of course these must be counter-balanced by sufficient market development to meet the finance costs and the profit expected by each partner. The structure provides an entity that is generally eligible for grants, should these be available, and also wider public sector support; we talked of ‘Jessica’ and ‘Jeremy’, cash streams from the EU that are currently being rolled out for just such vehicles.

In answers to questions, particularly from members who were a little chary of public sector ‘partners’, Paul said that his experience was that their input was generally good. However, as well as getting the structure of the company right, it was also necessary to reach prior agreement on a proper business plan that the board could exercise its corporate responsibility in delivering. The timing of agreement on these matters was often politically sensitive, but in electorally ‘fallow’ times many authorities are quite capable of being business-like.

At the outset, the public body must, of course, select its partner or partners in a transparent and open manner that meets public sector ‘best value’ standards. If this is done properly, there is no difficulty in the chosen developer having exclusive access to the land covered by the vehicle throughout the period of the agreement.

Paul displayed not only mastery of his subject, but also considerable enthusiasm for the general concept. Whilst it is, primarily, a development tool, he is of the view that the content of that development was capable of considerable extension.

With the benefit of hindsight, I think that we did not question him quite strongly enough about the end of the agreement; that tends to be the time when chickens come home to roost. However, we all found the ideas Paul provided both interesting and potentially stimulating.

Michael Mallinson

[Ed. note: see the blog entry, below, for a link to the academic article referenced in Paul's presentation.]

LABVs: Grace & Ludiman Academic Article

Andrew Ludiman, AMWL Head of Consultancy at King Sturge, at our January 29, 2009 LAI London Chapter luncheon, referenced the following article, which is available for viewing at our web site, in the PUBLICATIONS section.

Title/Citation:

“Local asset backed vehicles: The potential for exponential growth as the delivery vehicle of choice for physical regeneration” by George Grace and Andrew M. W. Ludiman, partners at King Sturge LLP, Journal of Urban Regeneration and Renewal, Vol. 1, 4, 341–353 (Henry Stewart Publications: 2008).

Abstract:

“Nearly half the Regional Development Agencies (RDAs) in England have now adopted the use of local asset backed vehicles (LABVs) as a means to manage and/or develop their property holdings. In doing so, they have collectively invested over £400m of property in 50/50 partnerships with leading private sector regeneration experts such as Igloo Regeneration Ltd. Given the RDAs property holdings represent less than half a per cent of those held by local authorities (£1bn compared with £230bn), the potential impact on the regeneration sector if local authorities embraced this new approach to regeneration could be enormous in terms of leveraging in private sector finance, heralding a new culture of genuine partnership between the public and private sectors and catalysing a paradigm shift in the quantum and quality of physical regeneration in the UK.”