The transfer of the Gifted units to the Council is subject of Schedule 2 of the S106 Agreement dated 16 August 2016 between TDC, ECC and Anthony Leighton Irwin and Diana L'Estrange Irwin and Clydesdale Bank Plc which provides for dwellings to be constructed in accordance with an Affordable Housing Plan which was to be agreed with the Council. The dwellings must be constructed in accordance with the specification approved by the Council and capable of being occupied for their intended purpose.