After much persuasion Assheton-Smith ultimately gave his assent to the construction of a railway to the summit, and though still the principal landowner in the area, he was not a major influence in the company. However, no Act of Parliament was now required, as the line was built entirely on private land obtained by the company, without any need for the power of compulsory purchase. This was unusual for a passenger-carrying railway, and also meant that the railway did not come under the jurisdiction of the Board of Trade.