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The purpose of this fact check is to set out the Council's position in response to a newsletter issued by the Titchfield Festival Theatre in December 2023 in response to the enforcement notice that has been issued against them for building a new, 450-seat theatre behind the existing Oak Theatre and Acorn Studio, without planning permission.
The enforcement notice does not relate to, or affect, the existing Oak Theatre or Acorn Studio and their ongoing use by the community.
Titchfield Festival Theatre has occupied its current site for 13 years as a theatre, rehearsal space, wardrobe space, area for Prop making, set building but essentially all things theatre. Councillors, MPs, County Councillors, Officials have visited and known this for that length of time as do the many thousands of loyal patrons. The site as a theatre cannot be disputed.
We recently cleared some of that theatre site and installed on that same site a 450 seat theatre in addition to our current Oak Theatre. Bearing in mind we had been using the site continually for theatrical use for over 10 years completely known to Councillors. 10 years in constant use is significant as the use is deemed as lawful after this period of time. Internal works contained within that same site need no planning permission only Building Regulation. Something FBC fail to point out in their press release.
The new theatre includes a warehouse at 71 St Margaret's Lane which until recently was used by the company Welbro, a cladding and roofing contractor, as their operational base. Titchfield Festival Theatre Limited applied for planning permission to combine 71 & 73 St Margaret's Lane to create a 567-seat theatre at the location behind their existing smaller theatre premises in 2019. Permission was refused by the Council as the site is in an unsustainable and poorly accessible location outside the urban area, has inadequate levels of parking spaces provided, and the new theatre would lead to a significant increase in noise affecting neighbours.
If the theatre company believed no planning permission was required for the new theatre they could have provided evidence and made an application to the Council requesting confirmation that the use of the site was 'lawful'.
Circumstances in which the use of a building may be 'lawful' can include demonstrating that planning permission was not required in the first place or that the use has been carried out continuously for a period of time in excess of 10 years. Where a use is found to be lawful, it is immune from formal planning enforcement action by the Council.
Since discovering the new theatre under construction in May 2023, the Council has invited the theatre company to provide this evidence and to make an application; however no application has been made.
Much has been made of parking issues. The theatre in St Margarets Lane is surrounded by unused, unfarmed derelict land owned by HCC. We have asked on repeated occasions since 2010 to rent, lease or purchase this land to alleviate the parking problem. FBC Councillors (bearing in mind that some of them are also HCC Councillors, including the leader of Fareham Council) we know, have stymied our approaches, HCC refuse to discuss the matter, despite the fact that over the years the rental income would have far exceeded any other income from this unused land. As recently as September we made further approaches to HCC. Nothing has happened, no reply as usual. All this from a county council that is bleating about near bankruptcy.
This land is not owned by Fareham Borough Council. If the owners of the land, Hampshire County Council, do not wish to allow their land to be used as a car park, there is nothing that the Theatre or Fareham Borough Council can do. No planning application has ever been received for a new car park on the land.
Oh! FBC will say they have plenty of parking BUT an 800 seat theatre needs 160 spaces. FBC have to discount the quayside carpark as this is used fully by the cinema, the bowling Alley, town centre pubs, and gym. So that leaves the multi storey in Osborne Road which is being knocked down. It is being replaced by a 150 space carpark, but again this capacity would have to be discounted, if as we all suspect more housing, shops and eateries are to be opened in the town centre to revitalise it. So let's discount that by 75 spaces, local parking at Fareham Live is limited to about 60 , The nearby multi storey closes as it is part of the shopping centre. There is virtually no other parking locally. So 135 spaces to 160 needed. This actually leaves a parking shortfall at the much vaunted new Fareham Live.....DOUBLE STANDARDS OR WHAT!
Unlike other venues in the local area, Titchfield Festival Theatre is not located in a town or city centre. The new theatre in St Margaret's Lane is in the countryside and the Council considers it to be an unsustainable and poorly accessible location. There are no public car parks nearby and the theatre car park provides around 35 spaces. Bus services to the nearest bus stop on Warsash Road do not run after 7.00pm.
By contrast, Fareham town centre has both a bus and railway station for public transport. When Fareham Live opens in 2024 there will be around 1400 parking spaces all within walking distance. Of these around 340 spaces will be available in the immediate vicinity of Fareham Live both during the daytime and the evenings (see ref 6, 7, 9, 10, 11, 12 and 13 on map) and around 500 within a few minutes' walk (ref 3, 4, 5 and 15).
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