TRAINS on the West Somerset Railway could hit the buffers in a bitter battle to buy the 22-mile line.

Somerset County Council has confirmed it wants to dispose of the freehold of the land - subject to the necessary consents and approval by the Secretary of State.

But one of the two rivals queuing up to buy it warned this week that selling to the wrong bidder could lead to the closure of the top tourist attraction.

The West Somerset Railway plc, operators of the line since it reopened in 1976, has gone head to head with the West Somerset Railway Association, a charity initially set up to support the operating company.

But under the existing light railway order, power to run the trains lies only with the WSR plc or the county council.

So if the freehold was sold to any other third party unnamed in the existing order - such as the WSRA - the railway would have to close until statutory powers were obtained by the new owner.

And any objection to a new order could spark a public inquiry, incurring potentially high costs for the WSRA, which would have to fund the process, and further delays in keeping the railway open for business.

WSR plc chairman John Irven said the railway would not be able to reopen until powers were obtained: "As the current operator of the railway, WSR plc is already holder of the statutory operating rights and a transfer to the plc would avoid this problem."

And he said the company was "concerned and disappointed" that a statement by the council following the decision to sell the freehold failed to mention there were two bidders in the running.

In it, Cllr David Huxtable - the cabinet member who made the decision last Friday - said the council had always made it clear it was not in the railways business and it made sense to consider selling the freehold to a dedicated group who could completely focus on maintaining and improving the line.

He said the move was in line with the authority's policy of reducing its property portfolio to save money and reduce liabilities.

"I've received a large number of letters overwhelmingly backing my decision today and in support of the WSRA proposals to buy the freehold," he went on.

Dr Irven said he was concerned that this could be seen as a "pre-determination" of the sale as Cllr Huxtable was due to make the final decision on the successful bid.

He said a report by council officers had confirmed that the authority had to go through a full diligence review of both bidders and any decision had to meet the requirements laid down by the Office of Rail Regulation, with full approvals for transfers and sale obtained.

And the council had also confirmed that because of the importance to the local economy, nothing would be done to jeopardise the success of the railway.

"We look forward to working with the council and all our partners during the due diligence process to show how the WSR plc option provides the solution," said Dr Irven.

WSRA chairman David Williams said he did not want to comment on the sale at this time, preferring not to expand on the council's statement.

Liberal Democrat opposition councillors are attempting to have the issue brought to a scrutiny committee to give the public a chance to have its say.

Cllr Justine Baker, also the party's prospective parliamentary candidate for the Bridgwater and West Somerset constituency, said she had been in discussions with WSR plc over the potential sale of the freehold since last year.

"The situation is complicated and if not handled in a transparent way could impact massively on the local economy," she said.

"The WSR brings £10 million to the area and employs over 50 staff, not to mention the countless volunteers and dedicated shareholders."

Cllr Baker said Liberal Democrats were calling for any decision on the sale to go before a public scrutiny committee so the issue could be fully debated.

"The WSR and the council have heard from the Office of Rail Regulation who have made it clear that if the light railway order, which is needed to run any railway on the line, is not given to the WSR, then it could potentially face closure as they are the 'fit for purpose' group who could run it.

"It is vital that there should be a transparent discussion on this sale to make sure due diligence is followed to the letter.

"What is the point of having scrutiny meetings if we can't debate such a massive decision as this."

Leader of the council's Liberal Democrats, Cllr Sam Crabb, said no decision should be taken before the public had the chance to comment.

"I am urging that this decision should be delayed until this happens - if it doesn't it is disgraceful and makes a mockery of the scrutiny process."

Cllr David Hall, cabinet member for business, inward investment and policy, agreed that the WSR was extremely important to Somerset, attracting thousands of visitors to the area and contributing greatly to the local economy.

"It is important that the railway continues to operate as normal while any discussions over a sale take place and we're committed to making sure that happens," he said.

"We will now sit down and work with interested parties to to the right thing for Somerset Council Taxpayers and the right thing for the West Somerset Railway."