Isn't there a right of appeal against the Committee's decision, under S106B, to the Planning Inspectorate ? If so, the agreement may not be a contract as such. Possibly this weighed in the officers' recommendation.
You are of course correct in saying that there is a right of appeal under S106B but the developers have costed things out before they have applied for Planning permission so there is no excuse for trying to renege on the Legal Agreement they have signed
Whether the contract is enforceable is a matter for the Legal Eagles at CCBC but personally speaking I feel that CCBC has a moral obligation to resist these developers from getting out of their responsibilities.
It has happened too often to be a coincidence and I feel that something is amiss at CCBC Planning,
For the Reserve in Glan Conwy, the Pier Pavilion, Odstone and the former Art Deco house not paying a contribution towards affordable housing is morally wrong and the practice should be stopped. Odstone has 12 luxury apartments up for sale ranging in prices up to 1.2 million and yet CCBC say it's not viable, it's a joke