But the offices are not flats James? Surely you are not suggesting they will surreptitiously and in breach of authorised user, build them as flats, not offices? If so, I think that's a bit far fetched and frankly not something they could achieve without detection. If that's not what you are suggesting, then your point is not a good one - if the cut off for Section 106 purposes is 9 flats then they are entitled to ask to build 8, not 10 aren't they and to instead build offices rather than flats? Every developer is going to look to make maximum profits within the rules, surely?