Davies-Gilbert v Goacher: The right to develop under a restrictive covenant

Developments for Developers – John McGhee KC and Alice Hawker discuss the recent case of Davies-Gilbert v Goacher and Chester [2022] EWHC 969 regarding restrictive covenants requiring consent to develop property, and when it is reasonable to withhold consent. The case offers interesting practical insights for developers seeking consent, covenantees making the decision and litigants when a refusal is contentious. John and Alice look at issues such as the relevance of aesthetic considerations, the reasonableness of withholding consent where the reason for refusal can be neutralised by amendments, and the importance of the decision-making process.

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