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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Briefings from Gateley Plc
The Court of Appeal have ordered payment by a developer of a fee agreed after the work was carried out, notwithstanding that there was no agreement to fees when the services began.
Turn the tide and make email work for you.
Analysis from The Lawyer
Gateley bigshots see personal wealth soar on flotation, but face penalties for early exit .
Gateley is to float on the London Stock Exchange, becoming the first UK firm to list itself as a public limited company. But why would a firm would look to float, and what it could mean for the industry?