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Press Release

22 April 2025

High Court dismisses Titchfield Festival Theatre Legal Challenge

A High Court judgment issued on 16 April has confirmed that the unauthorised theatre use of the Arden Theatre in St Margaret’s Lane, Titchfield, must cease within two months and various internal structures associated with the theatre use removed within seven months.

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.

In November 2024, Titchfield Festival Theatre commenced legal action through the Courts challenging the planning appeal decision issued by the Planning Inspector in August. 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.

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 the 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.

ENDS