A council is to take enforcement action to close a gym being operated from an outbuilding at a rural home in Overseal.

James Hall is said to have been running a gym from Shortwood Farm in Sealwood Lane for around six years – without permission.

In April 2021, he applied to South Derbyshire District Council for retrospective permission to keep the gym and personal training studio, with the authority only coming to make a decision on the application now – more than two years later.

This was due to a backlog linked to the pandemic and staff shortages.

At a council planning meeting this week (June 6), his application was rejected and will mean officials will now take enforcement action to stop the gym from continuing to operate without permission.

In his application, Mr Hall had said the facility would host three classes a day on weekdays with most classes running outside of normal working hours to allow clients to attend before or after work.

He said classes are also held on Saturday mornings, group sessions are limited to up to 10 people and there is a parking area for up to 10 cars.

Steffan Saunders, the council's head of planning, said the authority had received complaints about noise but felt the business would not have an "undue impact" and that issues could be solved through conditions on the business's operations.

He said: "It is considered that the provision of a gym in this rural location would be a useful facility for the community.

"The proposed gym reduces the need for local residents to travel to Swadlincote to access conventional gym facilities."

Council officers recommended that the plans should be approved, but with a restriction that it only be used for a maximum of 10 people at any one time and for no activities to take place outside

The council received 10 letters of objection and nine in support of the application.

These objection letters raised issues about traffic on Sealwood Lane, which is a long single-track road with only the entrances for people's drives to act as passing places, as well as noise and intensification of commercial activity in a rural location.

The support letters say the gym provides a mental health benefit, is a valued part of the community and meets the specific needs of people with busy lifestyles.

Cllr Amy Wheelton told the meeting she had received hundreds of complaints linked to the facility over the past few years. She said residents felt let down and ignored.

She said residents claimed music often started at the gym at 5am, and sometimes as early as 4.30am, with the facility open every day of the week.

Cllr Wheelton said: "This is probably a good business, but it is in the wrong place.

"They have half-hour sessions so that is 20 vehicles an hour with headlights going through people's windows from 4.30am.

"The gym should be closed slightly more often.

"Amplified noise. They have the doors open in the summer and activities often take place outside.

"There has been no enforcement since 2017 and the noise can be heard for miles.

"It is a quiet cul-de-sac and I don't feel resident amenity has been considered here.

"Officers say this is a rural gym and it reduces travel to and from Swadlincote, but the people using this are coming in 10 vehicles and they are mostly 4x4s and it is only the actual residents who do not want this so how is this a benefit to local residents?"

Mr Saunders said comments about the delay over the application were legitimate and that it was caught up in the backlog, with the proposal taking longer to deal with than it should.

He said the council would take enforcement action if the plan was rejected and enforce conditions it if was approved.

Cllr Gareth Jones, chair of the planning committee, said: "Whilst I really do want to support local business I would be at fault if I said the traffic didn't concern me."

He suggested restricting maximum use at any one time to eight customers.

Mr Saunders said the nearest property was a holiday lodge 150 metres away while the nearest home was 310 metres from the gym.

He also said there had not been any reported traffic accidents in Sealwood Lane over the past five years.

Cllr David Shepherd, vice chair of the committee, said the only passing places available were the private entrances to people's homes, with "people using the legitimate entry to residents' properties as passing places for quite some time".

Cllr Wheelton said: "For a quiet rural cul-de-sac with such long operating hours and the loss of amenity, I feel limiting this to eight people will just insult residents.

"It is unacceptable for residents to be woken up at 5am by headlights."

Mr Saunders said: "If we condition 9am to 5pm operating hours the applicant will appeal that and it will be dealt with at appeal."

Councillors rejected the plans based on the impact of the business on residents' amenity - enjoyment of their homes - through its hours of operation and use of private properties for passing places.