An F45 gym required earlier opening times than permitted by Council so they could remain competitive with other gyms in the area. However, the gym had attracted complaints from the tenants of a neighbouring residential apartment building for early operating hours and playing live music loudly. The complaints resulted in enforcement action and monitoring being undertaken by Stonnington City Council and the possibility of council supporting an earlier opening time looked unlikely.
This case required conflict resolution skills that are common place in planning disputes. The first step in the process was to ensure the gym was operating within the permitted times under the council approved planning permit and the live music was ceased. Once the gym has demonstrated compliance with the approved conditions for a six month timeframe and relations with the residential neighbours improved our client approached each of the neighbours to discuss the reasons why they were seeking to open earlier with each of the neighbours affected. Contact details between the owner of the gym and each of the neighbours were shared and as a result there were no objections lodged to our planning application to increase opening hours and council approved the application.