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Theatre without planning permission loses appeal

BBC A man with grey hair and wearing a stripy blue and white shirt sitting in a theatre, with rows of blue audience chairs in soft focus behind him.BBC
Artistic director Kevin Fraser previously said the theatre had received supportive legal advice

A theatre complex has lost a High Court appeal against an order to close one of its venues that was built without planning permission.

The 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 2024.

The High Court upheld the inspector's decision, which followed an enforcement notice by Fareham Borough Council.

It said the land had no lawful use as a theatre.

The exterior of the theatre in question. It's a white building with a grey roof and a mural of Shakespeare on one of the walls. It has glass doors at the entrance. In front are three visible parking spaces, with a silver car parked in one of them.
The Arden theatre was built between 2021 and 2023

Previously, the theatre accused the council of pursuing a "vendetta" against it.

It organised an online "Save Festival Theatre" petition, attracting more than 6,000 signatures.

Artistic 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."

Around 10 rows of blue audience seats inside the theatre, with a scaffolding on the right hand side.
The Arden is continuing to host performances

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 purposes.

Neil Cameron KC, sitting as a deputy judge, also dismissed other appeal grounds, including over the wording of the enforcement notice.

In August 2024, the theatre was told it must cease performances within two months.

It was given seven months to fill in the orchestra pit and dismantle the stage, seating and sound and lighting equipment.

However, in November the theatre was granted permission to appeal, and said it considered the planning enforcement to be on hold.

The Arden is currently hosting a production of The Sound of Music and has plans for performances up to 17 May, according to its website.

In 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.

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