[2008] EWHC 916 (Ch) 25 February 2008. A local authority was unable to rely upon the Town and Country Planning Act 1990 S106 to enforce planning obligations upon a successor in title where the agreement failed to specify the original interest in the land and did not meet the formal requirements of S106. Claimant local authority (S) brought proceedings against property developer (H) for the determination of the effect of an agreement for the development of land. H had purchased land potentially affected by an earlier agreement between the previous owner (C), another developer (B) and S. S had agreed to grant planning permission to B for another site as it was willing to pay S a sum of money for the development of affordable housing on C's land. C was granted residential planning permission for land it owned and provided with money by S as long as it agreed to build 25% affordable housing on the site for which planning permission had been granted. If it did not use the money it was to be returned. C then sold the land to H and kept this money. It fell to determine: (1) how the agreement between B, C and S was to operate; (2) whether H was bound by the agreement; (3) whether C's obligations fell under S106 or (4) whether there was anything to prevent S106 applying; (5) whether the formal requirements of S106 had been met and (6) the consequences if they hadn't. Held: (1) B had complied with the agreement with S and C could not have kept the money provided for S for anything other than the creation of affordable housing. (2) C had a contractual agreement with S, which did not pass with the land as a restrictive covenant. (3-6) It was found that C's obligations were not planning obligations as they did not satisfy S106(9)(C) and therefore they could not pass to H as successors in title.