United Kingdom House of Lords Decisions

This Order was promoted by the Edinburgh and District Water Trustees. Its objects were, inter alia, the construction of certain subsidiary works, definition of the height to which the trustees might be called on to supply water, the authorisation of retiring allowances to officials, alteration of certain provisions as to sinking fund. Upon these points the Order was unopposed. The Order further sought powers in connection with a railway

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which was laid by the Trustees under an Act of 1895 in connection with the construction of the Talla reservoir. The said Act provided that upon the completion of the Talla works the railway should be taken up and the lands treated as superfluous lands. In the Order powers were sought to continue the railway as a convenience of access to the Talla works for the purposes of repair, supervision, or extension thereof. This part of the Order was opposed by Sir Basil Montgomery, the owner of certain lands the access to which was crossed by the said railway by a crossing on the level. In 1895, under an agreement with the Trustees, the objector's author had conveyed to the Trustees for the construction of the railway certain lands over which this right of access existed, under reservation of his right of access in future. The objector claimed that the agreement of 1895 was entered into in view only of the construction of a temporary line, and that his interest would be prejudiced by its continuance. The Commissioners found the preamble proved, but were of opinion that certain provisions for Sir Basil Montgomery's protection should be made, reserving to him the right of opposing any application by the trustees to sell or lease the railway for public traffic, and in such a case reserving his claim for further compensation, and securing reasonable arrangements to avoid inconvenience to him or his tenants and facilitating access to his lands.

Heard in Edinburgh 23rd and 24th July 1907.