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Background
Ownership of the Old Criccieth Library building has been in jeopardy since Gwynedd Council decided to move the Library in 2017 to the Encil y Coed building next door to the Hwb Iechyd Eifionydd/ Health Hub building in the town. Ownership of the land and building has since been the subject of legal opinion and debate. The Town Council has not met in the building since March 2020.
History of the Old Library
This building was a donation for the benefit of the community from landowners on land formerly owned by the Parciau estate. The land was owned by a man named John Thomas Jones and funds were obtained from the Carnegie Trust to build the Old Library there for the community in 1902.
Having the land and building conditioned that there be a public library there for the town until there was no longer a library service there. Part of the conditions were that if the building was not used as a library, then the land would then be taken back to the estate of the late John Thomas Jones of Parciau. The Library was opened in 1905.
In 1926 John Thomas Jones died childless and his estate was left to his nephew, John Trefor Roberts, who also died childless. The estate passed to his sister, Margaretta, who died childless and subsequently to the descendants. His niece, Myfanwy Jane Hall was named as the next of kin to John Trefor Roberts. John Trevor Roberts' will judged that the benefits of the will would only be through his mother's descendants (Myfanwy was the daughter of Margaretta of Ynysgain Uchaf).
John Trevor Roberts' father, Griffith John Roberts, was from Brynsiencyn, Ynys Mon.
Myfanwy died in 2000, childless, and so ended of the line of descendants alongside John Trevor Roberts' mother. As a result, John Thomas Jones's 'Deed of Covenant' and John Trevor Roberts' will stated that the estate was then bequeathed from the communities of Criccieth and Brynsiencyn (through Llanidan Council).
What is the legal position?
After receiving legal advice on the way forward with the future of the Old Library building, it was deemed that Criccieth Town Council could claim at least part ownership of the land on which the Old Library building is located. Legal reports also judge that Llanidan Council is also entitled to half of the property/land with any benefit being used for the purposes of those communities.
Cyngor Gwynedd has requested 'indemnity' from whoever receives the transfer of the property from the Council in case someone at some point challenges the transfer of the property to whoever receives the property.
In doing this, both councils will have to secure the following use of the profits coming from the sale of the building : "for aged poor persons living in the village of Brynsiencyn or within three miles thereof" and half "for aged poor persons living in the borough of Criccieth or within two miles thereof". Both councils could, in due course, approach the Charity Commission to seek a right to change these terms, and this is going to be a cost to consider.
What is the decision taken by Criccieth Town Council following the legal opinion?
The Town Council had the following options
As the next step, it was agreed to arrange for auctioneer Tom Parry to price the Library building, and see if it was possible to separate the value of the land price and the value of the building price. This was necessary before any discussion was initiated with Llanidan Council about the future of the building and the possibilities that resulted. The estimated price of the building was obtained based on the planning status and condition of the building.
Following careful discussion it was decided to correspond with Llanidan Council to communicate Criccieth Town Council's wish that the building be sold and the funds shared with that Council. This was the only viable option in the circumstances given the large costs of the other two options. There is an agreement with Llanidan Council to sell the building and to split the profits between the two Councils
What is the current situation?
Gwynedd Council was asked to sell the building on behalf of both Councils. We are waiting for the building to go up for sale.