21-04-2025
Titchfield theatre without planning permission loses appeal
A theatre complex has lost a High Court appeal against an order to close one of its venues that was built without planning Arden, the newest of three stages at Titchfield Festival Theatre in Hampshire, is continuing to host performances despite being declared illegal by a planning inspector in August High Court upheld the inspector's decision, which followed an enforcement notice by Fareham Borough said the land had no lawful use as a theatre.
Previously, the theatre accused the council of pursuing a "vendetta" against organised an online "Save Festival Theatre" petition, attracting more than 6,000 director Kevin Fraser previously told the BBC: "We took very strong legal advice before we even put a spade in the ground."After 10 years there is a thing called 'deemed permission' within planning law, and our legal advice was that we could claim deemed permission for that full theatre use."
However, the High Court ruled the inspector did not err in law when she ruled that the 463-seat Arden theatre was effectively a new unit for planning Cameron KC, sitting as a deputy judge, also dismissed other appeal grounds, including over the wording of the enforcement August 2024, the theatre was told it must cease performances within two was given seven months to fill in the orchestra pit and dismantle the stage, seating and sound and lighting in November the theatre was granted permission to appeal, and said it considered the planning enforcement to be on Arden is currently hosting a production of The Sound of Music and has plans for performances up to 17 May, according to its a statement, Titchfield Festival Theatre said: "The trustees are obviously disappointed with the ruling from the Judicial Review."We are taking further legal advice on the potential outcomes. In the meantime the Arden Theatre continues to operate."Fareham Borough Council has been approached for comment.
