Tralee Town Council is taking legal action to prosecute a business operating without planning permission. The council has confirmed the Curves Gym on Prince’s Street which opened earlier this year does not have planning permission. Last month, the Council served the owners with an enforcement order, stating the premises must stop being used as a gym as it did not have planning permission.However, owners indicated to Radio Kerry they had followed advice given to them by planners and had applied for planning permission, as a result of this consultation. They have applied to retain the change of use of premises from offices to fitness studio and gym. Town clerk John Breen says even though Curves have now applied for retention, the Council still intends to take legal action. The Town Council is due to make a decision on May 19.