Paragraph 4
(1)
Subject to sub-paragraph (2), a disposal—
(a)
to a particular person in pursuance of a requirement that it should be made to that person under a planning obligation entered into in accordance with section 106 of the Town and Country Planning Act 1990; or
(b)
made in pursuance of the exercise of a legally enforceable—
(i)
option to buy,
(ii)
nomination right,
(iii)
right of pre-emption, or
(iv)
right of first refusal.
(2)
A disposal is not within sub-paragraph (1)(a) if it is of land that was listed when the obligation was entered into; and a disposal is not within sub-paragraph (1)(b) if it is of land that was listed when the option or right was granted.