A week-long planning inquiry has been held into a theatre the local council is claiming has been built without permission.
The 450-seat Arden Theatre was constructed behind the existing Titchfield Festival Theatre in the village of Titchfield, Hampshire.
Fareham Borough Council says the venue, which has hosted performances, was only given permission to be used as storage and is causing parking, noise and safety issues.
During the inquiry, the council said the venue cannot be considered a small-scale rural development as it could attract a potential 33,000 visitors to 102 performances.
Representatives of the theatre said the venue is a "community and leisure facility" that serves a "local need" and is "part of the cultural infrastructure".
"It is with some bemusement that the council has got itself into a position whereby it's attacking a well-loved, independent, successful, not-for-profit, community-based charity on the basis of an eight-year-old written ministerial statement," Megan Thomas KC, the theatre’s representative, said.
The planning inspector is expected to make a decision regarding the building’s future in the coming weeks.