"Over 3000 library users completed the council’s survey, and 91% of them disagreed or strongly disagreed with the library moving to the Dolphin Centre.
Almost 7000 people have signed the petition against the move.
Almost 1000 people attended the protest against the move".
Gemma McDonald, Chair of the Community Libraries Steering Group
Visit Darlington Library - Keep it at Crown Street and you will see the library debate played out - Darlington council determined to move the library to the Dolphin Centre; the people of Darlington that care, vociferously opposing the move. Visit 'The Library Campaign' and you will see the problem nationwide.
My love for the Crown Street library and the heritage that it encapsulates, is well known and appears in my previous blogs. I reflect on the tragedy of yet another public building succumbing to 'cuts' - or should that be 'mismanagement of public funding'? I note the irregularity of a Labour council hemorrhaging support for public services, and wonder whether they consider they were elected for this toxic cut? I note the lack of tangential vision from our governing council, and their incapacity to contemplate the alternative plan.
My understanding has been that Edward Pease endowed the library project with the intention that his bequest was to provide a public library for the children of Darlington, and that the resulting land and building were thereafter subject to a restrictive covenant for use as a library.
Having viewed the Land Registry entry for the library, and inspected a 1983 statutory declaration, it is clear that a covenant, whilst lost in local government reorganisation, probably subsists.
Now the council's intention is clear:
- To pass an early resolution on the proposed budget savings in their entirety.
- Proceed over time, to reduce Crown Street's function: close the computer room / exhibition room/ library / reference section at Crown Street - by withdrawing services slowly so that the use of the 'building as a library' withers and ceases.
- Re-deploy, seek voluntary redundancies over a period of time, then serve notices on the remaining library and associated staff.
- Close and board the building, having relocated all amenities elsewhere.
- Then give notice to remove the covenants on the basis that the library as envisaged by the Pease family, has been successfully relocated in modern, sustainable, affordable premises.
- Having demonstrated that it is no longer be used as a library (the library and education sections having been relocated), put forward an irresistible case for the removal of the covenants, such as they were.
- Offer the building for sale, subject to the Grade II listing, but free from covenants.
- Use the capital received on sale to off-set the costs of removal to the Dolphin Centre.
But, let us consider the covenants.
Referring to legal advice given to the council, paragraphs 55-61 of the Cabinet Report say:
55. Upon his death in 1880, Edward Pease bequeathed the sum of £10,000 which was used
to build the original library building that eventually opened in 1885. The Council has
obtained a copy of the Will in which the bequest was made from the Probate Registry
and it states that the £10,000 bequeathed by Edward Pease was ‘for the education of
the poorer classes’ and could be used to either establish or found a free library or
Elementary School scholarships for both boys and girls in the Borough of Darlington.
56. 1983 statutory declaration was made by a former Assistant Borough Solicitor about the
loss of deeds (possibly during local government reorganisation) in 1974. The statutory
declaration indicates the property was thought to be subject to a restrictive covenant that
it should be ‘used for purposes of a public library forever’. If a covenant subsists, it
applies only the northern part - the land on which the library sits was conveyed in three
separate tranches between 1885 and 1930.
57. Searches undertaken of adjacent land in Crown Street have not disclosed any land
owner who has the benefit of a covenant in respect of the Crown Street property. A
search has been conducted on the Charity Commission website and there is no
reference to any charitable trust in respect of the Crown Street building. No one has
come forward during the consultation with any documentary evidence that clarifies the
position. Officers have contacted members of the Pease family during the consultation period.
58. Land Registry records show the Council as the freehold owner, but reference is made to
lost deeds and documents and that restrictive covenants imposed before 9 September
2010 are still enforceable.
59. On the evidence currently available there does not appear to be any restrictive covenant
capable of being enforced.
60. As matters stand there remains some uncertainty over the existence and nature of any
obligations in respect of the Crown Street building. However, concerns about a covenant
will not hinder the proposed move from Crown Street. The Council is not required or
compelled to provide a library service from Crown Street.
61. Any future options for Crown Street will need to take account of issues identified in
respect of the property as well as any addition information that may become available.
So, there is a question concerning the covenant.
As a lawyer I cannot quite understand how the council's advisor leaps from the findings, to paragraphs 59 and 60? If there is, or may be, a restrictive covenant relating to Crown Street, why is it incapable of being enforced?
Why is it not possible for those that seek to challenge the position, to challenge the council on this assertion?
This lawyer wonders whether s.84 Law of Property Act 1925 may be relevant to the removal of restrictive covenants from land - a not especially easy or quick process - and an expensive one for the council when contested.
The questions that I would like to ask policy makers are:
- By what process, and on what timescale does the council propose to remove library, exhibition centre, reference and computer facilities from Crown Street?
- Have existing library and support staff been notified of these proposals; if not, when and by what means was it proposed that they should be notified?
- What precise facilities have been identified to accommodate the library, reference and computer facilities in the Dolphin Centre, and on what timescale? Will the archives (housed elsewhere) continue to be available to the public?
- What is the council's current plan for the Crown Street building?
- Does the council propose to seek a removal of the existing restrictive covenants, when, by what mechanism,and over what timescale?
- If by application under s.84 Law of Property Act 1925, why defer this application?
- From whom has the council taken legal advice as to removal of covenants? Will they publish that advice so that the public can inspect it?
