Obtaining consent of third parties to your development

Recently, a national housebuilder sought consent from a third party to its development plans. This raised issues covered by two not-so-well-known but very useful court decisions (Rickman v Brudenell Bruce and Cryer v Scott Brothers [Sunbury] Ltd).

The housebuilder has a development site that drains surface water through a drain under an adjacent railway line. The site is burdened by a covenant in favour of Network Rail that requires it to obtain the approval of Network Rail to any development plans for the site — in essence to ensure that such plans won’t adversely increase the flow of water through the drain and have an impact on the railway.

The covenant is drafted such that there is no statement requiring Network Rail to act in a reasonable and timely manner in consenting to the housebuilder’s plans…

Click on the link below to read the rest of the Gateley briefing.

Briefings from Gateley

  • Who owns a bribe?

    Where an agent receives a bribe or secret commission in breach of the duties they owe their principal, who does it belong to?

  • Top tips for a successful completion meeting

    Some say there are few things more stressful than buying or selling a company. Gateley presents its top tips to help things run smoothly when the big day finally arrives.

View more briefings from Gateley

Analysis from The Lawyer


111 Edmund Street
B3 2HJ

Turnover (£m): 66.00
No. of Lawyers: 372