Shepton Mallet gym ruled unlawful after council decision
By Laura Linham 9th Mar 2026
Somerset Council rejects application to confirm gym use at The Amulet after ruling it was not continuous for the required ten years.
A bid to formally recognise a Shepton Mallet gym operating in the town centre has been refused by Somerset Council.
The application related to a gym at The Amulet, 7 Market Place, where the operator sought a Certificate of Lawful Existing Use to confirm the premises could legally operate as a gymnasium.
Somerset Council, acting as the local planning authority, rejected the application under reference 2026/0070/CLE, ruling that the use had not been continuous for the required ten-year period.
The application was submitted by Mr K Newton for the premises known as Gym The Amulet, located on Market Place in Shepton Mallet.
Under Section 191 of the Town and Country Planning Act 1990, an unauthorised use can become lawful if it has operated continuously for at least ten years without enforcement action.
However, the council concluded the evidence submitted did not demonstrate that threshold had been met.
Planning officers said the application materials confirmed the gym had been operating from 2013 until 2019, but that the use appeared to have stopped for a period between 2021 and 2022.
In the decision notice, the council stated: "The applicant has not submitted evidence to demonstrate that the site area… has been used as a gym/fitness facility on a continuous basis for more than 10 years."
The authority added that, "on the balance of probabilities", it did not consider the premises had been used as a gym continuously for the required decade.
As a result, the application for a Certificate of Lawful Existing Use was refused on 16 January 2026.
What the decision means
A Certificate of Lawful Existing Use does not grant planning permission, but confirms that an existing activity is lawful under planning rules.
Because the certificate was refused, the council has determined that the gym's use at the site cannot currently be considered lawful under planning legislation.
The decision notice does not state whether further planning applications or appeals may follow.
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