ChD 11 June 1999. J and another company, D Ltd owned adjoining sites suitable for residential development. The inclusion of affordable homes was required, and J and D Ltd arranged that D Ltd would build 32 affordable houses (which it did do), satisfying the requirements for both sites. An agreement between J and the council, under the Town and Country Planning Act 1990 s106, released J from its obligation if the council entered into a s106 agreement with D Ltd for a minimum of 30 houses on its site. However the agreement made with D Ltd was only for 15 houses, so the council would not release J from its obligation. J contended this. Held, J's claim was allowed. The provisions of the s106 agreement relating to affordable housing fell within the Law of Property (Miscellaneous Provisions) Act 1989 s2, and were of no effect because they lacked the signature of the purchaser. There was an implication in the agreement that the council would ask D Ltd to provide 30 houses.