Plans to transform a Grade II listed former library into Wales’s first mosque in a quiet market town have sparked a renewed legal battle centred on a 120-year-old charitable covenant protecting elderly almshouse residents.
Lawyers acting on behalf of three councillors and a local resident have launched a second legal challenge against Monmouthshire County Council’s decision to lease Abergavenny’s Carnegie Library to the Monmouthshire Muslim Community Association. The fresh action comes just days after an initial judicial review threat was dropped.
Property barrister Paul Stafford has questioned whether the council has the legal right to proceed with the 30-year lease, raising concerns about documents dating back to 1905 that may restrict how the building can be used. The Labour-led council approved the mosque plans in June, ending a decade of disuse for the historic structure.
Carnegie Covenant at Heart of Dispute
The library was constructed in 1905 with £4,000 from Andrew Carnegie, the Scottish-American philanthropist whose foundation funded hundreds of public libraries across Britain. Carnegie imposed strict conditions requiring the building be used solely for library and educational purposes.
Crucially, the original conveyance included protective covenants for residents of adjacent almshouses, elderly women living next door who were to be shielded from nuisance and disturbance. The building sits on land sold by Miss Rachel Herbert’s Church Parsonage and Almshouse Charities, with the almshouses still occupied today by vulnerable residents.
Barrister Stafford’s legal opinion highlights what he describes as “significant legal risks and unresolved issues” surrounding these restrictive covenants. He argues the proposed use as a mosque and community centre operating seven days a week, including before sunrise and after sunset, may breach the 1905 restrictions.
2022 Covenant Changes Under Scrutiny
In 2022, the Conservative-controlled council struck a new agreement with the charity managing the almshouses, relaxing some of the original restrictions to allow the building’s use for purposes beyond education or library services. However, Stafford questions whether this modification was executed correctly.
His legal opinion raises two principal concerns: whether the Charity Commission properly approved the changes, and whether the protection afforded to almshouse residents was adequately maintained. Significantly, the 2022 deed omitted the word “disturbance” from the protective covenant, potentially weakening safeguards for vulnerable neighbours.
The barrister contends that key parties from the 1905 conveyance, including the Official Trustee acting for the Charity Commission, were excluded from the 2022 agreement. He argues there is no evidence the Charity Commission or High Court sanctioned the covenant’s release, as required under Part 7 of the Charities Act 2011.
Documents May Be in Scotland and New York
Resolving the legal dispute may require examining historical papers held thousands of miles away. Stafford explained that vital documents would likely be stored in Andrew Carnegie’s private papers at the National Records of Scotland in Edinburgh, or in the Carnegie Corporation archives at Columbia University in New York.
The complexity of tracing these documents adds another layer of difficulty to an already contentious situation. Carnegie’s philanthropic activities spanned multiple continents, and the paperwork governing his various bequests is scattered across international archives.
Muslim Community Seeks First Permanent Home
The Muslim population in Abergavenny represents approximately one per cent of total residents, below the Welsh average of 2.2 per cent according to latest census data. The Monmouthshire Muslim Community Association currently meets at Abergavenny Catholic Church parish hall, lacking a permanent facility.
The association’s proposal to the council cited “the rapidly growing Muslim population in Monmouthshire” and stated that “mosques play a fundamental role in British society”. Their bid scored highest in the council’s competitive tender process, offering £6,000 annual rent whilst committing to undertake costly repairs and maintenance of the century-old structure.
The building has stood empty since 2015 when library services moved to the town hall. It was subsequently used briefly as a base for the council’s pupil referral service before being declared surplus to requirements in November 2024.
Councillors Express Protection Concerns
Conservative councillors Louise Brown and Rachel Buckler, alongside independent Simon Howarth, have led opposition to the mosque plans. They’re supported by local resident John Hardwick and advocacy organisation Christian Legal Centre.
“Given the importance of these restrictive covenants, why has the cabinet failed to properly consider the potential nuisance or disturbance caused by activities taking place seven days a week, after sunset and before sunrise?” questioned Councillor Brown. “These issues will directly affect almshouse residents and others living nearby.”
Councillor Rachel Buckler stated: “We’re calling on the council’s leadership to halt this process immediately. The council must investigate the legal position fully and act responsibly towards the elderly and vulnerable almshouse residents, who are rightly worried about noise, light pollution and security.”
The building has also been targeted by vandals, with racist graffiti reading “no masjid” (Arabic for mosque) daubed on the property ahead of council deliberations.
Religious and Community Division
The Christian Legal Centre’s involvement has raised eyebrows among some observers. Reverend Gareth Wilde, a retired Baptist minister and Labour member of Abergavenny Town Council, described finding it “surprising” that a Christian advocacy group would oppose providing a place of worship for the Muslim community.
“It seems more like a governance or spending issue. It does seem a little bit muddled,” said Reverend Wilde, who supports granting the lease. He argued that priority should be given to the Muslim association given the absence of any mosque in Abergavenny.
Andrea Williams, chief executive of the Christian Legal Centre, countered: “This case is a wake-up call for councillors and residents across Wales and the UK. The law is clear: charity land and restrictive covenants exist to protect the public interest, especially when they safeguard vulnerable people.”
Council Stands Firm
Monmouthshire County Council has expressed “absolute confidence” in its decision-making and governance arrangements. A spokesman said any attempt to “frustrate the democratically agreed position of the council will be met with an appropriate challenge”.
The authority declined to comment on the new legal matters until they are concluded. However, officials have previously defended the competitive tender process and insisted the Muslim association’s bid represented the strongest proposal for bringing the building back into beneficial community use.
Food Capital’s Civic Landmark
Abergavenny is widely regarded as Wales’s food capital, hosting the internationally renowned Abergavenny Food Festival and attracting thousands of culinary tourists annually. The Carnegie Library represents one of the town’s most significant civic landmarks, built during the Edwardian era’s golden age of public library construction.
More than 600 residents and several local church groups have expressed support for the mosque project, describing it as a positive step toward inclusivity and community development. Supporters argue a decade-long empty building should be returned to active use serving local people.
The legal challenge threatens to delay or derail plans that proponents see as historic, whilst opponents insist proper legal procedures must be followed before such a significant change can proceed.
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