A new gym on a Dundee industrial estate has been warned it could face enforcement action if it operates after having planning permission refused for a third time.
SweatBox Dundee had filed for temporary permission to operate its gym from a new-build unit in Dunsinane Industrial Estate after having an earlier bid for a permanent permit rejected.
This has been refused by planning chiefs, who said that splashing out thousands of pounds on kitting out the venue before getting a permit was “not a material consideration in support of the proposals”.
Despite this the business, run by fitness fanatics Sam McCluskey and Sheli McCoy, claims it is able to trade “no problem”.
In a video posted on the SweatBox Dundee Facebook page a day after the application was rejected, Ms McCoy said: “We’re still within a process that just requires review from the Local Review Body and a signature from them.
“The good news is we’re eligible to open now – all above board, everything’s legit, we’re all insured, good to go, we can open now and trade this whole time no problems at all.”
And on Monday the gym posted an image of its first class on social media.
However, Dundee City Council has warned that the gym could face enforcement action if it continues to operate without the appropriate permissions.
A spokeswoman said: “Operating without planning permission could lead to the potential for enforcement action.”
Failure to comply with enforcement action can lead to court orders to halt breaches in planning policy – and can even see offenders referred to the Procurator Fiscal for prosecution .
Architects Leadingham Jameson Rogers + Hynd, acting on behalf of the pair, had asked for mercy from planning chiefs in requesting permission for the change of use.
Posted by SweatBox Dundee on Wednesday, 18 December 2019
They had been given permission for a unit a few yards away, but sought to move into a newer building after it emerged that kitting out the older building would be too expensive.
In a planning statement, the firm did concede that SweatBox had attempted to pre-empt the planning process.
The firm said of SweatBox: “They had…wrongly assumed that as they obtained planning permission for a building just 14m away, that a similar approval would be granted for their new premises.”
Mr McCluskey and Ms McCoy had first sought to override the planning rules for the new-build units, which were built by local printing firm Winter and Simpson exclusively for industrial use, earlier this year.
Planners refused their initial application in August. The pair then failed to attend an appeal hearing in September which saw councillors uphold the original refusal – making this month’s rejection the third in a row.
SweatBox Dundee was contacted for further comment.