Perhaps "non-physical" would have been a better term to use. The problem is that these obligations are often secured through planning conditions or AT BEST Section 106 agreements. While planning departments are well equipped to enforce whether a building is the correct height or has a window in the wrong place, they are generally much less effective at monitoring and enforcing operational obligations years later. Ensuring that a gym membership scheme remains available, or that a publicly accessible facility continues to operate as promised, is realistically not going to get policed 10 or 15 years after a building has been completed.