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Notice varied and upheld12 August 20243336046

Titchfield Festival Theatre, 71-73 St. Margarets Lane, Fareham, PO14 4BG

Planning appeal 3336046 at Titchfield Festival Theatre, 71-73 St. Margarets Lane, Fareham, PO14 4BG (Fareham Borough Council) was allowed in part (a split decision) on 12 August 2024 by Inspector Thomas N, following an inquiry. The main issue, as the Inspector framed it: whether the site is a suitable location for theatre use, having regard to its accessibility by sustainable modes of transport.

Without planning permission, the material change of use of the Land to theatre use (sui generis); and an engineering operation to excavate and create an underground area beneath the Land

Authority
Fareham Borough Council
Appeal type
major · Enforcement Notice
Procedure
Inquiry
Development
leisure-sport · Change of use
Inspector
Thomas N
Postcode
PO14 4BG

Main issues, as the Inspector framed them

  • whether the site is a suitable location for theatre use, having regard to its accessibility by sustainable modes of transport
  • the effect of the development on the vitality or viability of the Borough's centres or parades
  • whether the development makes adequate provision for parking in terms of highway safety
  • the effect of the development on the living conditions of neighbouring occupiers with regard to noise and disturbance

What decided it

The cumulative conflict with the development plan as a whole — arising from the unsustainable location, harm to town centre vitality through failure of the sequential test, and inadequate parking harming highway safety — was not outweighed by the benefits of the theatre and community uses.

the community, educational, employment and self-funding benefits of the theatre, given moderate to limited weight, did not outweigh the conflict with the development plan as a whole arising from the unsustainable location, harm to town centre vitality and inadequate parking provision

What the Inspector cited

Development plan policies
FLP Policy DS1FLP Policy TIN1FLP Policy TIN2FLP Policy R1FLP Policy R2FLP Policy R4FLP Policy D2
National Planning Policy Framework
Paragraph 91Paragraph 92Paragraph 93
Judgments
Stone & Stone v SSCLG & Cornwall Council [2014] EWHC 1456 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Fareham

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld7 May 20263351788
    76 Moody Road, Fareham, PO14 2BX
  2. Dismissed30 January 20266000608
    44 Hunts Pond Road, Park Gate, Southampton, SO31 6QP
  3. Notice varied and upheld28 November 20253368517
    Land to the West of 237 Segensworth Road, Fareham, PO15 5EW
  4. Notice upheld29 September 20253328843
    Land at Titchfield Road, , Titchfield , Fareham , Hants, PO14 3EW
  5. Dismissed21 August 20253359668
    Land Off Rookery Avenue, Whiteley, Fareham, SO31 1BG

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.