Market Forces
Campaigners fighting to retain an historic livestock market in its town centre location hope that an obscure law will help them carry the day. They want ministers to refuse to revoke legislation preventing Abergavenny's mart from moving out from heart of the town to be replaced by a supermarket.
Last updated: 06 November 2011
After a lengthy planning battle, the only remaining obstacle to the re-development of Abergavenny's mart are Acts of Parliament from Victorian times which, unusually, legally oblige the local council to provide a market within the town.
Having granted planning permission for a new supermarket, library and parking on the site, Monmouthshire council has asked Welsh local government minister Carl Sargeant to repeal the Abergavenny Improvement Acts of 1854 to 1871.
Mr Sargeant has said that he is minded to agree to the council's request to revoke the Acts, but has invited the views of all interested parties before he decides - providing opponents one last opportunity to block the development.
The Keep Abergavenny Livestock Market campaign has been part of a vigorous campaign against the plans for the 5-acre site, claiming that the mart draws both farmers and tourists into the town's many independent shops and cafes.
KALM has already lodged its objections to the repeal of the Acts. But leading member Barry Greenwood is concerned that the group's wide-ranging concerns won't all be taken into account.
"Unfortunately the minister is taking an extremely narrow view of this. He seems to be ruling out the possibility of any arguments which would provide a case for why the Abergavenny Improvement Acts should be kept."
"He is, in effect, saying that virtually all the issues to do with this are really the responsibility of Monmouthshire County Council, which he cannot take into account."
"It's a bit silly having a consultation and then ruling out the possibility of the debate that should take place as part of that consultation. So we're very worried about this."
But Monmouthshire's deputy leader, Bob Greenland, argues that the market is no longer fit for purpose and that bringing a food supermarket into the centre of Abergavenny will help regenerate the town by drawing even more people in.
And he is hopeful that as the council has agreed to provide a replacement livestock mart near Raglan, the minister will accept that the legislation is "spent, obsolete or unnecessary" and can, therefore, be repealed.
"We have given the farmers a guarantee that we'll continue to offer a market for them to trade from. Under those circumstances, surely this Act is redundant."
"There is no longer a need to guarantee a market in the centre of Abergavenny. There is a need for the farmers to have a market within Monmouthshire"
"We've given them those assurances and we stick to those assurances."
In a written statement to AMs last month, Carl Sargeant confirmed that, in his view, the question he had to consider was not whether the livestock market should move out of Abergavenny and a supermarket move in.
"The provisions of the Abergavenny Improvement Acts oblige the holding of a livestock market within the boundaries of Abergavenny town. There is no stipulation as to the site where the market is held."
"I need to consider whether Monmouthshire County Council should remain subject to the requirments that the Acts appear to impose."
"So far as we know, no other local authority in Wales, and possibly beyond, is subject to such restrictions. All other local authorities can operate livestock markets under powers in the Food Act 1984."
"That does not mean I want the current market site to close, or that I agree with the council's decision. It would just mean that Monmouthshire County Council would be in the same position as any other local authority."
Public consultation on repealing the Abergavenny Improvement Acts closes at the end of November.
Bookmark this page:
Updates Archive
From July 2012 we're moving all our content and 'Updates' pages, with information on the programme, to . For a time while we make the transition, you'll still be able to access an archive of previous programme updates here.
More from 91Èȱ¬ Wales
Listen online
A new look for 91Èȱ¬ Radio online: listen live on your computer - and now on your smartphone.