Planning

The Theatres Trust is The National Advisory Public Body for Theatres.

Statutory consultee

Local Planning Authorities are required to consult and seek the advice of The Theatres Trust before they issue a decision on any planning application or development involving land on which there is a theatre or which will have an impact on theatre use, as defined in the 1976 Act. It was established by The Theatres Trust Act 1976 and The Theatres Trust (Scotland) Act 1978 ‘to promote the better protection of theatres’.

The 1976 Theatres Trust Act defines a theatre as ‘any building or part of a building constructed wholly or mainly for the public performance of plays’. In this context ‘plays’ has the same meaning as in the Theatres Act 1968 and encompasses singing and dance and solo comedians.

This applies to all theatre buildings, old and new, in current use, in other uses, or disused. It also includes ciné-variety cinema/theatres or structures that have been converted or adapted for theatre use, circus buildings and performing art centres. Our main objective is to safeguard theatre use, or the potential for such use, but we also provide expert advice on design, conservation, property and planning matters to theatre operators, local authorities and official bodies.

Authority

The statutory instruments setting out the consultation requirements are in England, The Town and Country Planning (Development Management Procedure) (England) Order 2010 (DMPO), Articles 16&17, Schedule 5, Para (w); in Wales, The Town & Country Planning (General Development Procedure) Order 1995, Article 10, Para 5 and in Scotland, Regulation 25 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008, Schedule 5, paragraph 11. Theatres in Northern Ireland are covered under an administrative agreement. The statutory instruments require the Trust to be consulted by local authorities on planning applications which include ‘development involving any land on which there is a theatre.’

Pre-applications

We encourage applicants and developers to contact us at the pre-application stage for advice on theatre use, architecture and design, heritage, regeneration and development, and planning issues. In the first instance we would request that plans and details of proposals are sent to the Trust and then we would always be happy to attend a site visit to discuss them further.

Listed buildings

Many theatres are statutory listed buildings or heritage assets. The Trust is often referred and is happy to give detailed advice on Listed Building Consent applications, Conservation Area Consent applications and applications for statutory and non-statutory designation. In terms of the heritage asset, it is able to offer specific advice on features of architectural significance or heritage value.

Use Classes Order (UCO)

Theatres in England, Wales and Scotland which are in theatre use enjoy the special protection of being Sui-Generis within their relative Use Classes Order (UCO). This means that theatres are not in any use class and any change of use from theatre to any other use requires planning permission. However, a theatre which is currently in another established use and use class e.g. bingo (D2), may not require planning permission because some classes as defined within the Orders do not require permission within the class. It is, thus, important to check at an early stage the use class status of the building with the local planning authority.

Theatres infrastructure

Theatre operators, local authorities, development agencies and applicants can also seek advice relating to the provision and infrastructure of theatres and performing arts facilities in their catchment area. The Theatres Trust holds the national Theatres Database of theatres across the UK and can contribute to mapping and impact assessments.

Spatial policies and land use planning

The Theatres Trust contributes to and leads on the development of spatial planning, cultural, sustainability and other policies which may affect the viability and future use of theatres. This work includes advice on Local Development Frameworks (LDFs), Planning Briefs, Area Action Plans (AAPs), Cultural Quarters and planning obligations.

Annual Return

Under the provisions within the Planning and Compulsory Purchase Act 2004 and in accordance with Circular 08/2005, The Theatres Trust, as a statutory consultee, is required to submit a report (Annual Return) to the Secretary of State. The purpose of the Annual Return is to provide the Department of Communities and Local Government with The Theatres Trust’s performance in meeting its statutory deadlines in terms of the number of consultation requests received at the pre-application and registered planning application stages and the number of such consultation requests which were responded to within 21 days or within an agreed timeframe.

See our performance for 01 April 2009 – 31 March 2010 See our performance for 01 April 2010 – 31 March 2011