An application to Vary Condition 8 of MA/09/1535 (Application for approval of reserved matters of layout, scale, appearance and landscaping for erection of 65 dwellings pursuant to outline planning permission MA/04/1363 as amended by MA/08/1455 ) read "The 17 affordable housing units shall achieve Level 3 of the Code for Sustainable Homes. No affordable dwelling shall be occupied until a Design Stage certificate has been issued for it certifying that the appropriate Code Level 3 has been achieved. The remaining 'open-market' dwellings shall achieve Level 2 of the Code for Sustainable Homes and no 'open-market' dwelling shall be occupied until a Design Stage certificate has been issued for it certifying that the appropriate Code Level 2 has been achieved. " as shown in design and access statement and supporting letter received 14/12/2009 as amended by letter and confidential financial information received 15/03/2010 and by further confidential financial information received 27/05/2010.