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Law Report, December 12

COURT OF APPEAL

REINSTATEMENT OF RAILWAY LINE

FESTINIOG RAILWAY COMPANY v. CENTRAL ELECTRICITY GENERATING BOARD

Before Lord Justice Ormerod, Lord Justice Harman, and Lord Justice Pearson

The Court continued the hearing of this appeal by the Festiniog Railway Company against the decision of the Lands Tribunal on July 18, 1960, that Rule 5 of Section 2 of the Acquisition of Land (Assessment of Compensation) Act, 1919, was not applicable to the reference by the Central Electricity Generating Board concerning the basis upon which compensation payable to the appellants was to be assessed.

The claim for compensation resulted from the compulsory acquisition by the Board under the North Wales Hydro-Electric Power Act, 1955, of land in the urban district of Festiniog in Merionethshire forming part of the light railway between Blaenau-Ffestiniog and Portmadoc, Caernarvonshire.

Mr. Lionel Blundell, Q.C., and Mr. David Trustram Eve appeared for the railway company; Mr. E. S. Fay, Q.C., and Mr. Reginald Bell appeared for the electricity board

ANOTHER TUNNEL

Mr. Blundell, continuing his opening, said that if the railway company received compensation under Rule 5 it was conceded that they intended to reinstate the line. The company had proved that they intended to reinstate in any event. The nub of the matter was to give equivalent reinstatement which involved the building of another tunnel. But for the intervention of the reservoir, Blaenau-Ffestiniog would be an important link between the narrow gauge railway and the main railway system of the country. The railway was on the direct route from the main centres of population on the north coast of Wales to the west coast.

In 1954 rehabilitation of the railway had started and it was while this work was in progress that the compulsory purchase order over the top end of the line had fallen like a thunderbolt. At present with the interruption caused by the reservoir, it had only one end. The reinstatement of the line through to Blaenau-Ffestiniog was of great importance to Welsh tourism and to British Railways.

ORIGINAL BOGEY COACH

In postwar years the tourist industry in North Wales had grown enormously. The Festiniog Railway had brought prosperity to Portmadoc, and the evidence was that every year more and more people went on the railway. The original bogey coach first built for any railway was in use on the railway today. It was submitted that there was no discretion under Rule 5, or alternatively that if there was a discretion it was wrongly exercised by the Lands Tribunal.

The hearing was adjourned.

Solicitors.—Messrs. Kenneth, Brown, Baker, Baker: Mr. W. Usher.