THE LATEST challenge to plans to use a former Gwent library as a mosque has suggested researching historical papers in Scotland and New York.
A decision to lease the former library to a Muslim community association was made in June, after a protracted council process, and last week it was confirmed a potential judicial review of the decision wouldn’t be taken forward.
Lawyers acting for three councillors and a local resident who threatened the legal challenge have now written to Labour-led Monmouthshire County Council questioning if an agreement struck between it and a charity responsible for the almshouses next door to the former Abergavenny library is legally sound.
As a result they have warned the council against entering into a lease agreement with the Monmouthshire Muslim Community Association before the questions they have raised about the agreements have been resolved, possibly by checking discussions over a legal documents signed 120 years ago.
The claims centre on a deal struck between the county council and the trustees of Miss Rachel Herbert’s Charity, which is responsible for the almshouses that provide accommodation for older women, in January 2022, which was seven years after it closed as library and became pupil referral unit.
That deal changed some of the terms of the covenant agreed in 1905 when the library was built with funds from Scottish American philanthropist and industrialist Andrew Carnegie.
A legal opinion sought from London-based property barrister Paul Stafford has questioned if the change, which relaxed some of the uses for the building other than a library and education stated in the 1905 covenant, was carried out correctly.
Mr Stafford has queried whether the changes required the Charity Commission’s approval, and if the apparent removal of a protection against “disturbance” for residents of the almshoues has weakened the covenant.
He has suggested queries over the 1905 covenant, due to the changes agreed in 2022 when the council was under Conservative control, could be resolved by “checking the negotiation and drafting of the covenant” and “discussion in correspondence” from 1905.
Mr Stafford suggested the vital documents would likely be held in Andrew Carnegie’s private papers held in the National Records of Scotland or the Carnegie Corporation archives which are held at Columbia University in New York.
His opinion, which has been sent to Monmouthshire council on behalf of the three councillors and one resident who sought to challenge the lease, states: “It would assist all parties concerned if those documents are obtained without delay and examined thoroughly so that the future use of the Library building can be put on a secure legal basis.”
Mr Stafford has also suggested the documents are likely held by the UK Government and Monmouthshire’s own archive as well as the local charity.
A letter to the council, from Camerons Solicitors who sought Mr Stafford’s opinion, confirmed the four wouldn’t be taking the council to a judicial review but said they believe it should resolve the issues raised before granting a lease.
The letter states: “Our present view is that it would be ill-advised if not reckless for Monmouthshire County Council to proceed with the lease before all the relevant evidence surrounding the 1905 and 2022 covenants has been identified and analysed.”
The council previously said it has “absolute confidence” in its decision making and governance and that “any attempt to frustrate the democratically agreed position of the council will be met with an appropriate challenge” but that it wouldn’t make any comment on “any new or additional legal matters until they are concluded”.
