Councillors call for halt to ‘reckless, invalid’ plans for new mosque

Local residents and elected representatives have raised fresh legal and ethical concerns regarding Monmouthshire County Council’s (MCC) proposed lease of the historic Carnegie Library in Abergavenny to the Monmouthshire Muslim Community Association (MMCA) for use as a mosque and Muslim community centre.

Abergavenny is known as the ‘gateway to Wales’.

Following MCC’s decision to grant a 30-year lease to MMCA, four Monmouthshire councillors and residents, Christine Louise Brown, Rachel Buckler, Simon Howarth, and John Hardwick, who are being supported by the Christian Legal Centre, commissioned a legal opinion from Chancery Counsel Paul Stafford.

The opinion highlights significant legal risks and unresolved issues surrounding the restrictive covenants (a promise contained in a deed relating to a piece of land) attached to the Carnegie Library site.

The Carnegie Library was built in 1905/1906 on land sold by Miss Rachel Herbert’s Church Parsonage and Almshouse Charities.

The land lies immediately adjacent to almshouses still occupied today by elderly and frail residents. A restrictive covenant in the original 1905 conveyance was designed to protect these residents from nuisance or disturbance, limiting the use of the Library building to specific purposes such as a public library, museum, or school of art.

In 2022, MCC secured a deed of release and variation of the original covenant from the Charity Trustees, purportedly allowing broader use of the building. However, the legal opinion now concludes that this 2022 covenant is legally invalid due to multiple procedural and statutory failures:

• The 2022 deed omitted key parties from the original 1905 conveyance, including the Official Trustee acting on behalf of the Charity Commission.
• There is no evidence that the Charity Commission or the High Court approved the release, as required under Part 7 of the Charities Act 2011.
• The Charity Trustees did not obtain a qualified surveyor’s report to assess the value and impact of the covenant’s release, nor did they consult the almshouse residents.
• Crucially, the new covenant omitted the word “disturbance,” reducing the level of protection for vulnerable residents.
  The proposed lease has sparked widespread concern among councillors and residents, particularly regarding the impact on the elderly residents of the adjacent almshouses.

Councillor Rachel Buckler questioned the Council’s judgement:

“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? These issues will directly affect almshouse residents and others living nearby.

“The Council has ignored the serious implications of five daily calls to prayer, some of which occur before dawn and after sunset. For elderly residents in the almshouses just metres away, this could be deeply unsettling. These are people who rely on peace and routine for their wellbeing. The lack of consultation is not just a procedural failure, it’s a failure of compassion and common sense.”

Councillor Louise Brown said:

“The almshouses are extremely close to the library, which is currently a quiet, restful space for elderly and vulnerable residents. Several ground-floor windows will shine light directly into their homes at night. The Cabinet has not fully considered the impact on these residents, either now or in the future.”

The Council’s refusal to pause the lease process while judicial review proceedings were being considered has added to growing unease. Critics say this is another example of the current Labour administration’s tendency to sidestep proper scrutiny.

Councillor Simon Howarth added:

“This raises serious questions about the transparency of the lease-awarding process. It makes me wonder when the decision was really made.”

Councillor Rachel Buckler concluded:

“We’re calling on MCC’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, particularly given recent national concerns around places of worship.”

Andrea Williams, Chief Executive of the Christian Legal Centre, said:

“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.

“Monmouthshire County Council’s apparent disregard for these legal protections is deeply concerning. Proceeding with a lease for a proposed mosque on land held in charitable trust risks breaching charity law and could render the agreement void or voidable.

“Such actions not only undermine public trust but also set a dangerous precedent for the unlawful use of protected land. Communities must insist on transparency, accountability, the historical significance of a place with full respect for the rule of law in all planning and property decisions.”