Titchfield Festival Theatre: Last-ditch attempt fails to save unauthorised theatre from being dismantled
A last-ditch attempt by Titchfield Festival Theatre to save its unauthorised Arden Theatre from being dismantled has failed, following the outcome of a legal challenge.
A High Court judgement issued has confirmed that the current use of the 450-seater Arden Theatre in St Margaret’s Lane, with works having been done without planning permission, must cease within two months and various internal structures associated with the theatre use removed within seven months.
It follows a lengthy battle in which the theatre at first argued that planning permission was not needed, and then claimed that an independent planning inspector had made a legal error in a planning inquiry.
The theatre has expressed its disappointment at the decision and has said it was continuing to seek legal advice - but until then the show will go on.
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 until at least 16th June 2025 having just hosted an incredibly successful run of The Sound of Music to rave reviews.
“The ruling does not affect the operation in any way of our three other venues at St Margaret’s Lane and the Great Barn. Where we have a full season of shows planned. “
As previously reported by The News, in August last year, the Planning Inspectorate dismissed an appeal by Titchfield Festival Theatre and upheld a planning enforcement notice served by Fareham Borough Council, requiring the unauthorised theatre use of the Arden Theatre to cease.
Then, in November 2024, Titchfield Festival Theatre began legal action challenging the planning appeal decision issued by the independent Planning Inspector. The challenge was on points of law, with Titchfield Festival Theatre arguing that the Planning Inspector erred in law in the way they dealt with some of the issues raised.
But now the High Court judgment in respect of this legal challenge found that the Planning Inspector did not make any error of law in their decision and Titchfield Festival Theatre’s challenge was dismissed in its entirety. Titchfield Festival Theatre was also ordered by the High Court to pay the Secretary of State’s costs incurred in resisting the legal challenge.
Chairman of Fareham Borough Council’s planning committee, Cllr David Foot, 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’s planning enforcement notice is now effective and requires the theatre use of the Arden Theatre to cease within two months and various structures associated with that use to be removed within seven months. The notice does not have any impact on other buildings on the site which do have planning permission.