(4) Subsection (2) does not apply to any restriction S. 60(4) which was— inserted by No. 128/1993 (a) registered under the Subdivision Act 1988; s. 15. or (b) lodged for registration or recording under the Transfer of Land Act 1958; or (c) created— before 25 June 1991. (5) The responsible authority must not grant a permit S. 60(5) inserted by which allows the removal or variation of a No. 128/1993 restriction referred to in subsection (4) unless it is s. 15. satisfied that— (a) the owner of any land benefited by the restriction (other than an owner who, before or after the making of the application for the permit but not more than three months before its making, has consented in writing to the grant of the permit) will be unlikely to suffer any detriment of any kind (including any perceived detriment) as a consequence of the removal or variation of the restriction; and (b) if that owner has objected to the grant of the permit, the objection is vexatious or not made in good faith. (6) If an application for a permit to remove or vary a S. 60(6) inserted by restriction referred to in subsection (4) was made No. 128/1993 on or after 25 June 1991 and the responsible s. 15, amended by authority had made a decision in respect of the No. 52/1998 application before the commencement of s. 191(1). section 15 of the Planning and Environment (Amendment) Act 1993, the Tribunal must determine in accordance with subsection (5) any appeal under this Act in respect of that decision.
S. 60(4) inserted by No. 128/1993 s. 15. (4) Subsection (2) does not apply to any restriction which was— (a) registered under the Subdivision Act 1988; or (b) lodged for registration or recording under the Transfer of Land Act 1958; or (c) created— before 25 June 1991. S. 60(5) inserted by No. 128/1993 s. 15. (5) The responsible authority must not grant a permit which allows the removal or variation of a restriction referred to in subsection (4) unless it is satisfied that— (a) the owner of any land benefited by the restriction (other than an owner who, before or after the making of the application for the permit but not more than three months before its making, has consented in writing to the grant of the permit) will be unlikely to suffer any detriment of any kind (including any perceived detriment) as a consequence of the removal or variation of the restriction; and (b) if that owner has objected to the grant of the permit, the objection is vexatious or not made in good faith. S. 60(6) inserted by No. 128/1993 s. 15, amended by No. 52/1998 s. 191(1). (6) If an application for a permit to remove or vary a restriction referred to in subsection (4) was made on or after 25 June 1991 and the responsible authority had made a decision in respect of the application before the commencement of section 15 of the Planning and Environment (Amendment) Act 1993, the Tribunal must determine in accordance with subsection (5) any appeal under this Act in respect of that decision.
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