23-04-2025
Theatre loses in High Court after secretly building venue without permission
A theatre has lost a High Court appeal after it was ordered to tear down its 465-seat venue which was built secretly without planning permission.
Kevin Fraser, director of Titchfield Festival Theatre, took his fight to save his venue to the High Court after claiming to be the victim of a 'vendetta' from the local council.
Mr Fraser had already admitted the £1.7 million development in the Hampshire village of Titchfield was built without planning permission and the theatre was declared illegal by a planning inspector last year.
Determined to ensure that the show must go on, 68-year-old Mr Fraser launched an appeal by alleging that the inspector's ruling was not lawful.
However, a High Court judge made the curtain finally fall on Titchfield Festival Theatre's Arden stage, the newest of its three stages.
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Shows are still being advertised for next month at the Arden stage although it is understood that the theatre is under orders to cease performances.
William 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 out of a converted barn which holds two auditoriums seating 100 and 200 audience members respectively.
But after two failed attempts to get permission to convert a storage space on the site, in August 2022, artistic director Mr Fraser sanctioned the covert building of the new venue more than twice the size.
The Arden Theatre which has the order to be torn down at Titchfield Festival Theatre in Titchfield, Hampshire. (Image: Andrew Croft/Solent News) The new Arden theatre even featured an underground orchestra pit - which can seat up to 16 musicians - dwarfing the existing Acorn and Oak theatres.
It had been hosting performances since last summer, before Fareham Borough Council stepped in by serving a Planning Enforcement Notice in 2023.
READ MORE: Titchfield Festival Theatre loses appeal to stay open
Councillors from Fareham Borough Council said it 'beggared belief' that Mr Fraser would build the Arden without permission.
Kevin Fraser at Titchfield Festival Theatre in Titchfield, Hampshire. (Image: Andrew Croft/Solent News) Mr Fraser branded them 'Scrooges' and said they had a 'vendetta' against him, but in August last year 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.
In a statement published by the BBC, 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."
