22-04-2025
Shakespeare would be ‘turning in his grave' at High Court's closure of venue
A theatre director has said Shakespeare would be 'turning in his grave' after the High Court ruled the curtain must come down on an 'illegal' £1.7 million venue.
Kevin Fraser, the director of Titchfield Festival Theatre had appealed to try and save the 465-seat Arden Stage, which was built without permission.
The development, in the Hampshire village of Titchfield, was declared illegal by a planning inspector last summer, who ordered that it be torn down.
Determined for the show to go on, Mr Fraser, 68, launched an appeal at the High Court, alleging the inspector's ruling to be unlawful.
The court's ruling looks to be the end for the Arden Stage, which recently held a production of The Sound of Music.
But Mr Fraser said the theatre would want to appeal against the High Court ruling and would be taking advantage of delayed enforcement by staging plays in the coming weeks and months.
'I just think it's a loss to the arts community in general,' he told the Telegraph.
'It's a loss to our members and our patrons. and it's a loss to Fareham [the district]. This was very much for the community.'
He said 'Shakespeare must be turning in his grave' at the prospect of losing the venue which provides affordable, high quality drama.
Mr Fraser insisted the theatre had taken legal advice before construction and been told it was safe to build, after they had already used the space for 10 years.
At the High Court, he argued it was 'irrational' to conclude there was a 'change in the character of use'.
He also argued that noise concerns should be disregarded because the site had been a workshop before the Arden.
But Neil Cameron KC, sitting as High Court judge, dismissed the appeal. Judge Cameron found the inspector did not err in law and made 'intelligible and adequate' findings.
Shakespeare is thought to have links to Titchfield after an alleged affair with the Earl of Southampton, Henry Wriothesley, who sponsored the writer for a time.
For the last 13 years, Titchfield Festival Theatre has been operating in a converted barn that holds two auditoriums, which seat 100 and 200 audience members respectively.
After two failed attempts to get permission to convert a storage space on the site, in August 2022, Mr Fraser sanctioned the covert building of the new venue more than twice the size.
The Arden even features an underground orchestra pit – which can seat up to 16 musicians – dwarfing the existing Acorn and Oak theatres. It had been hosting performances since then, but Fareham borough council stepped in in 2023.
Mr Fraser was served with a planning enforcement notice – with councillors saying it 'beggared belief' the panto boss had built the Arden without permission – and lost his appeal against it.
He called them 'Scrooges' and said they had a 'vendetta' against him as they have their own theatre.
Last August, the venue was declared illegal by a planning inspector. Central to the decision was the stipulation that the site could not legally be used as a theatre.
Cllr David Foot, the chairman of the planning committee, said: 'I'm pleased the High Court has found the Planning Inspector's decision legally sound which, in turn, upholds the planning enforcement notice served by this council.
'It is extraordinary that, despite warnings, Titchfield Festival Theatre chose to build a 450-seat theatre without planning permission. I want to reassure all residents that this council will act against any development carried out without planning permission and deemed unacceptable in planning terms.'
The council added that theatre use 'must cease' within two months, although this will be paused if there is an appeal against the High Court's decision.
