■ F45, 1416 High Street,
Malvern
‘F45’ is a class only based gymnasium that operates classes outside typical business hours when there is most demand for the service. It is one of the fastest growing global gym franchises and there is one in most suburbs of metropolitan Melbourne.
CHALLENGE
This 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 Stonington City Council and the possibility of council supporting a retrospective application to formalise the five am opening time looked unlikely.
SOLUTION
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. 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.
“At the hearing it became obvious that the research and preparation for the case had been detailed and extensive by CS. Several steams of argument to support our case were presented. The presentation to the tribunal was clear, logical and ordered and amounted to a compelling case.”
RICHELLE S