North East Lincolnshire councillors recommend gym approval in contamination risk zone
The Council’s planning committee were swayed by owner Matt Tofton’s case
Last updated 11th Jul 2025
Councillors have pushed for planning approval of a gym in Stallingborough within a contamination risk zone.
Muscle Flex has operated from within Kiln Lane Industrial Estate since August. It has had to apply for retrospective planning permission.
Because of its siting within hazardous substances risk zones, it was recommended refusal due to the Health and Safety Executive’s opposition.
But North East Lincolnshire Council’s planning committee were swayed by owner Matt Tofton’s case that the refusal was unfair, with one councillor calling the HSE’s advice “crackers”.
Mr Tofton told councillors he and his wife have run the gym since 2019, and it moved to its current location last year.
"I ask the question why?"
He explained that the size of the gym building had prompted the HSE advice, which would not have been triggered if it was smaller. “If our building was under 250 metres squared, the HSE would not offer the same advice, so I ask the question why?”
He said the gym at peak hours had a maximum of 25-30 people.
“People can’t just come and go as they please like a supermarket or a normal gym,” he said, stating it is members’ only with key access controls. Mr Tofton suggested “it would seem very unfair to stop our business” while there were billboards in the area promoting other businesses to move there.
The gym sits within risk zones for hazardous substances. These zones were based on licences other companies had to store hazardous substances.
Mr Tofton said one company does not operate anymore, and the two others had licences to store the substances, but do not currently store any.
A council officer said it worked with the HSE on possible mitigations to remove its refusal as a legally required consultee. The only mitigation it would accept was for the gym to move away.
Cllr Trevor Crofts (Immingham Ward) said global shipping and rail freight in the area have a hazardous substance licence. He had contacted the businesses with the licence and been advised they no longer store it.
He said it generally fell under a risk level two category zone, which led to HSE automatic refusal for anything open to the general public.
"classic case of red tape strangling small businesses"
Cllr Crofts noted the many individuals, over 90, had commented in favour of the application, and North East Lincolnshire’s high rate of obesity. “I don’t think refusal is sending the right message,” he said.
“Nothing can be 100 per cent free of risk,” said Cllr Tim Mickleburgh (South), who noted a lot of warehouses in the borough are open to the public too. “This is a classic case of red tape strangling small businesses and we have the power to use our common sense to override that decision,” said Cllr Henry Hudson (Wolds).
When an officer sought to pin down reasons for recommending approval, Cllr Hudson said: “It’s the absurdity of the decision, where a slightly smaller business with more people would be allowed. It’s just crackers.”
“We have to be aware that the chemicals can just appear overnight,” said Cllr Kaczmarek (Sidney Sussex), who raised having a special contamination evacuation plan as a condition. Councillors agreed unanimously to approval, with conditions including a limit on the gym’s capacity, and a detailed evacuation plan. It will now go back to the HSE.
It was heard in the meeting that should the HSE continue to advocate refusal, the Secretary of State for Housing and Communities, currently Deputy Prime Minister Angela Rayner, will decide.