There is another stay of execution for a Fareham theatre which was built without planning permission.

A new 450-seat venue at Titchfield Festival Theatre was due to start being dismantled in October – but that has been delayed with a last-ditch attempt to save it.

The theatre’s creative director Kevin Fraser said he had been in court this week and the judge ruled the appeal case for the Arden Theatre will be heard again in early 2025.

Planning inspector Nancy Thomas ruled on August 12 that the £1.7 million Arden Theatre was built without planning permission and must close on October 12 and start being dismantled.

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The community theatre group had to ensure all the staging, lighting and seating of the 450-seat theatre was removed with the land they excavated filled in by March 12, 2025.

The decision left those at the theatre "broken-hearted" and Mr Fraser said "Shakespeare must be turning in his grave".

He has now confirmed the Arden has not been used since October 12 when the enforcement action of Fareham Borough Council technically kicked in.

Mr Fraser said: “However, on October 30, His Honour Judge Milwyn Jarman KC heard our application, challenging the planning inspector’s decision on three points of law. 

“He has found that there are arguable grounds on two of those items. This means that a full hearing must take place, probably early in 2025, to determine those grounds and the legality of the decision.

“In the meantime, any enforcement action by Fareham Borough Council against The Arden theatre is stayed.

“Once we have a decision on this matter, we will decide on how we proceed with the future of the Arden Theatre.”

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A spokesperson for Fareham Borough Council said: “The case will now proceed to a full judicial review of the Planning Inspector’s decision in front of a High Court judge.”

During the public inquiry held in May, a council planning expert said the theatre should not stay open because it is harming the local area.

Stephen Jupp, from Fareham Borough Council, said the development was clearly in conflict with planning policies.

But supporters argued the loss of the space would be “devastating” for residents.