A fresh legal challenge has been launched against the plan to use Abergavenny’s carnegie library building as a mosque, days after the first one was dropped.

On Wednesday (October 8), Monmouthshire County Council confirmed a legal challenge by three councillors and a local resident over the proposed lease to the Monmouthshire Muslim Community Association (MMCA) had been dropped.

It was initially their thought that the lease breached parts of the Local Government Act 1972, before it was confirmed that there would be no judicial review.

But now, following what the Christian Legal Centre calls “fresh legal and ethical concerns,” the Chronicle has received confirmation that a second challenge has been launched just days after the first one was dropped.

“We’re calling on MCC’s leadership to halt this process immediately,” said Councillor Rachel Buckler, one of the three county councillors leading the challenge.

“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.”

This second legal opinion, commissioned from Chancery Counsel Paul Stafford, claims to highlight 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, and it is a conveyance from the year 1905 that has prompted a renewed cause for concern.

In the opinion of Mr. Stafford, the use of the site as a mosque and community centre breaches the conveyance, which limits the use of the Library building to specific purposes including a public library, museum or school of art.

Although Monmouthshire County Council did secure a deed of release a variation of the original covenant in 2022, the legal opinion published today (Friday October 10) has concluded it is invalid due to “procedural and statutory failures.”

“This raises serious questions about the transparency of the lease-awarding process. It makes me wonder when the decision was really made,” said Councillor Simon Howarth, the second of the three councillors continuing the challenge.

Councillor Louise Brown also stated the nearby almshouses must remain free from any level of disturbance.

“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.”

In a letter to Monmouthshire County Council seen by the Abergavenny Chronicle, dated October 6 2025, it was confirmed that there would be no judicial review, but that the Council “Refused to give an undertaking not to enter into the lease with MMCA before the JR [judicial review] proceedings then in contemplation were concluded.”

Solicitors have also asked the Council to not grant the lease, once again, until the ecclesiastical charity property law aspect of the grant has been examined and the legal position clearly established.

Monmouthshire County Council has been approached for a comment.