121Order granting licence

121 Order granting licence

(1)  If, on an application by the owner of a lot for relief under this Part, the Recorder is satisfied that –

(a) a licence of a particular kind in relation to the common property is necessary for the reasonable use or enjoyment of the lot; and

(b) such a licence could be granted without unduly interfering with the rights of owners or occupiers of other lots to the use and enjoyment of their lots and the common property; and

(c) the body corporate has unreasonably refused to grant such a licence –

the Recorder may make an order conferring rights in terms specified in the order on the owner or occupier for the time being of the lot.

(2)  An order under this section operates as if it were a licence granted by the body corporate.