Titchfield Festival Theatre row heats up as Fareham Borough Council hits back over criticism

Fareham Borough Council has issued a statement which it says hopes will ‘dispel the misinformation circulating in relation to the Planning Enforcement Notice issued against Titchfield Festival Theatre in November 2023’. It follows enforcement action which has been taken against the new 450-seater theatre which the council says breaches planning rules. The council also said that its actions are also ensuring public safety because the theatre has failed to provide the evidence needed to show that the building meets safety regulations. It also accused the theatre of showing ‘complete disregard for planning laws’.

In its statement, the council explained that the existing Titchfield Festival Theatre comprises the Oak Theatre and Acorn Studio which have been on site for more than a decade, are well-used, ‘a huge asset to the local community’, are not in dispute and are not affected by the council’s Enforcement Notice. It explained that the Planning Enforcement Notice has been issued against a third venue, the much larger 450-seat theatre which it says has been created behind the Oak Theatre and Acorn Studio, without planning permission. The theatre had previously told The News that it had taken taken advice and believes it does not need planning permission because of the site’s continuous use for more than a decade. It also accused the council of using “bully boy tactics” to try and stifle its expansion. But the council said that it invited the theatre to make an application to the council confirming that the development was 'lawful' and immune from planning enforcement action, but that it has so far failed to do so.

ALSO READ: Council takes action against theatre built without planning permission

The council said concerns were raised in May 2023 about the lack of parking provision at the new theatre under construction and that officers visited the site and met with representatives of the theatre company who explained that work was underway to create a new 450-seat theatre. The development includes a newly excavated underground orchestra pit beneath the stage, ‘a complex of backstage changing rooms and rehearsal areas’ and that the new theatre was created in a space which has planning permission for use for storage purposes only.

Council officers warned the company that, without appropriate planning permission being obtained, the new venue was at risk of enforcement action being taken which could result in it being shut down. But the council said that despite this warning no planning application was submitted and work continued, after which various public performances have since taken place with shows advertised in 2024. The council explained that in light of the scale and location of the theatre and the amount of car parking available to serve it, the council issued a Planning Enforcement Notice which requires the theatre to stop operations in the unauthorised venue by February 29 2024. However the theatre can lodge an appeal by December 29 2023 which would mean the matter will be settled by an independent planning inspector.

Executive member for leisure and community, Cllr Sue Walker said: “The Titchfield Festival Theatre is a tremendous asset to the borough and its original operation is not in contention. The council is supportive of more community facilities, theatres and opportunities for people to get involved in productions within Fareham. The more the merrier, in my view. However, I find it extraordinary that the council are being demonised for upholding laws which are put in place to protect people, the local environment and ensure visitor’s safety. I sincerely hope that in the future the operators of Titchfield Festival Theatre will engage in open and constructive dialogue in advance of any new works being undertaken.”

The council has denied accusations that the theatre is being targeted because the borough council sees it as a threat to the Fareham Live! project which is under construction as a replacement venue for Ferneham Hall. Instead it said it has a duty to ensure that all new development across the borough has the necessary planning approvals in place and that the theatre is being treated no differently than anyone else. It also said it needed to ensure buildings meet building regulations and the theatre was operating without this paperwork being in place. The council pointed out that a planning application for a new 530 seat theatre was submitted by Titchfield Festival Theatre in 2019 but this was refused, primarily because the theatre is in a countryside location with inadequate public transport infrastructure. Furthermore, the new theatre would lead to a significant increase in noise affecting neighbours and the theatre has parking for only 35 vehicles onsite, the council said.

Chairman of the council’s planning committee, Cllr Nick Walker, said: “Titchfield Festival Theatre has once again left the council with no option but to pursue formal planning enforcement action. How they could assume that a 450-seat theatre would not require planning permission is extremely worrying. People have a right to assume that performance spaces are safe and expect the council to fulfil their duties in upholding the planning and building regulations.”

The theatre has previously said that a prime parking site was potentially available adjacent to the theatre, but said that Hampshire County Council had refused to make the unused farmland available which was unhelpful to the community asset. At this, Fareham Borough Council said that it received regular complaints and photographic evidence from residents due to cars being parked along nearby roads and causing obstructions and that and the county council as the landowner cannot be made to hand it over for use as a car park. It also explained that the creation of a car park would also need planning permission.

The borough council said that since discovering the new theatre had been built, it subsequently become apparent that additional permissions required to operate a new public building had not been applied for, including performance and alcohol licences. These are in place for both the Oak Theatre and Acorn Studio, but not the new theatre. It confirmed that since a visit from enforcement officer formal applications has now been submitted by the theatre seeking these permissions.

ALSO READ: Theatre is a victim of burglary as a government inspector looks set to settle row

Chairman of the licensing committee, Cllr Pamela Bryant added: “Licensing laws are in place to protect both venues and their visitors. The law and policy governing alcohol licences is so important that it is overseen by the Home Office. While Titchfield Festival Theatre has all the appropriate licenses in place for both its Oak Theatre and Acorn Studio, no such licenses were in place for this new theatre. In any case an operator could not use any licence granted without also having the appropriate planning permissions in place.”

Fareham Borough Council has expressed frustrations that this is not the first time it has had to take planning enforcement action against Titchfield Festival Theatre for breaches of planning. It said the previous two occasions do not relate to the Titchfield Festival Theatre site in St Margaret’s Lane but to a Grade I listed medieval barn also owned by the Theatre group in Mill Lane Titchfield. Previous planning enforcement action was taken in relation to the theatre company laying a tarmac surface to the whole of a car park immediately in front of the Grade I listed barn. The tarmac surface was not removed until court proceedings were brought by the borough council.

In addition, it explained that Titchfield Festival Theatre ‘repeatedly’ breached a condition of its planning permission which limits the number of weddings and related events it is entitled to hold at the Barn each year. It explained that the theatre pleaded guilty to nine offences relating to this. As a result fines and court costs had to be paid by the Titchfield Festival Theatre, and a hearing is scheduled for April 2024 so that a Crown Court judge can decide whether to confiscate any profits the Theatre made from unauthorised weddings.