A Greenwich night club which closed down following a fire in which an employee died is to re-open tonight - despite threats of legal action because it does not not have planning permission.

Studio 338 on the Greenwich Peninsula was destroyed in a fire on August 8 last year, where 100 firefighters battled to contain the blaze in which twenty-eight-year-old Tomas Ceidukas sustained fatal injuries.

Director Dan Perrin decided to rebuild the club - and tickets at £25 each are being sold for the opening tonight (October 27).

But Greenwich Council has threatened legal action because no planning permission for the premises has been applied for.

Greenwich Council says it sent multiple planning notices calling for rebuilding work to stop, and says it is now working with London Fire Brigade and will “take further legal action as necessary”.

The first planning enforcement notice was sent to Studio 338 on August 31 ordering it to:

• Cease the reinstatement of the main building and all associated development on the land, including construction of the infill wall and boundary wall to the rear o the property.

• To remove unauthorised cladding of the existing building, to remove the new flat roof and to remove the infill development to the rear of the property.

• To remove all associated materials, waste and debris from the property.

Studio 338 was required to complete all this work by early next year.

But with the nightclub owners continuing with their opening, Greenwich Council sent a further urgent demand to stop.

This planning stop notice, issued on October 20, demanded Studio 338 stop "the reinstatement of the fire-damaged and steel-framed structure at the rear of the building" or potentially face legal action.

Studio 338 could now face court action - yet is said to be continuing with its opening tonight, and is even advertising tickets for future events, including a sold-out Halloween event, right up until December.

Greenwich Council spokesperson said: “An enforcement notice was issued on 31 August notifying the owners of Studio 338 that they have breached planning regulations by rebuilding or refurbishing part of the building without planning permission.

“This has been followed up with a Stop Notice as disappointingly the owners have failed to stop work.

“The Council is working closely with the Health and Safety Executive and the London Fire Brigade and will take further legal action as necessary.

“The Council will consider its options and take action under the planning acts if necessary.”

Studio 338 has been contacted for comment.

*A person guilty of an breaking a planning enforcement notice could face a large fine, depending on what financial benefits are considered to have been made as a consequence of the offence.

The council also has the powers to enter the land and carry out the requirement of the planning notice itself.

UPDATE (October 28): It appears Studio338 did not go ahead with its planned opening. A statement on the club's Facebook page said: 

"Guys,  

"Sadly Studio 338 will not open tonight - We have sent an email to ticket holders for tonight with the full details and the reasons behind it as well as what we hope is a great offer to compensate them.  In short, we were let down at the last minute by the suppliers of some key materials we need in order to open in a suitable way 

"This is not a long-term problem with 338 , so don't worry! As i'm sure you can imagine this is a huge and very complex project and this final bump in the road is just the last hurdle to overcome after the fire of last year 

"We have many years of great parties ahead of us and we hope this doesn't affect your love and support for Studio 338 

"Studio 338 WILL be open tomorrow and we will email ticket holders for that one separately."