A theatre company has claimed Shakespeare would be ‘turning in his grave’ after a local council ordered it to tear down its £1.7million stage and auditorium.

The Arden, the newest of three stages at Titchfield Festival Theatre in Hampshire, is still hosting performances despite being declared illegal by a planning inspector in August 2024. 

The theatre lost a High Court appeal against an order to close the stage.

The 450-seat theatre recently held performances of The Sound of Music over Easter and is still due to host productions next month.

An enforcement notice by Fareham Borough Council said the land only had planning permission for storage and there was no lawful use for a theatre.

Kevin Fraser, artistic director of the theatre company told The Times Shakespeare would be ‘turning in his grave’ after he was told to tear the theatre down. 

He added: ‘I am clearly broken hearted at the decision from the planning Inspectorate. 

‘The country will lose one of its greatest community arts assets and Shakespeare must be turning in his grave.’ 

The theatre said the council was pursuing a ‘vendetta’ against it and has started an online petition to save the stage, with already 6,000 signatures. 

Artistic director Kevin Fraser said he was ‘broken hearted’ by the decision by the Planning Inspectorate

The Arden, a stage at the Titchfield Festival Theatre in Fareham, has been ordered to be torn down

The theatre company has a link to Shakespeare through Henry Wriothesley, 3rd Earl of Southampton, who lived on the family estate at Titchfield Abbey near Fareham and was a patron of the playwright.

 Mr Fraser said they took legal advice before they began construction of the stage.

He claims he was advised that the company could claim ‘deemed permission’ for full theatre use, arguing that after ten years if a decision has not been made it is deemed to have been acceptable.

The High Court did not agree and ruled in favour of the inspector who said the Arden theatre was effectively a new unit for planning purposes.

Titchfield Festival Theatre has operated out of a converted barn for 13 years and claims to be the largest community theatre in Europe.

After two failed attempts to gain planning permission to convert a storage space into a theatre in 2019, Mr Fraser decided to start building the Arden theatre in August 2022.

Since 2013 it has hosted performances, in November that year the council took action against the building.

Mr Fraser called the planning committee ‘Scrooges’ as he then launched an appeal against the decision by the Planning Inspectorate.

The 450-seat Arden theatre was built without planning permission following two failed attempts to gain permission in 2019

Kevin Fraser said William Shakespeare (pictured) would be ‘turning in his grave’ at the decision

Nick Walker, chairman of the planning committee, said: ‘It beggars belief that anyone would build a new 450-seat theatre without first securing planning permission.’

An application for a 567-seat theatre was rejected by Fareham Borough Council in 2019. Another application was also rejected later that year.

In their objection, councillors said the site was unsustainable and in a ‘poorly accessible location’.

The council added that a lack of adequate parking would cause an increase in disruption and noise for neighbours. 

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 was contacted for comment.