Toby Carvery’s owners have apologised after an ancient oak tree was felled in north London, admitting that it needs to tighten its protocols.
The chief executive of pub chain Mitchells & Butlers said that he could “only apologise for all the upset” caused after the centuries-old tree was cut back in Whitewebbs Park.
Phil Urban said that the “felling of a beautiful old tree is a very emotive subject and is not something any of us would undertake lightly,” in a letter sent to nearby residents.
In the letter, which was first reported by the BBC, Mr Urban said that he "only became aware of what had happened at Whitewebbs Park when it was reported on in the media".
He said: "In this instance, one of our team acted in good faith in response to expert advice and authorised the work to be done.
"However, I would totally accept that this was an exceptional circumstance, and as part of our review, we have already concluded that we need to tighten our protocols to ensure that if something like this were to ever happen again, that we could still protect our guests, team members and/or general wider public from harm but have time for a fuller consultation."
Earlier on Wednesday, Enfield Council said it was seeking legal advice after the tree, which is thought to be more than 400 years old, was cut back on April 3, close to a Toby Carvery pub.
The incident was reported to the police nine days later, but the Met Police dropped its inquiry into the centuries-old oak, stating that “there is no evidence of criminality.”
Mitchells & Butlers, which leases the land, had previously admitted it was responsible for felling the 6.1m tree after acting on the advice of employed tree experts who assessed it as dying and a risk to the public.
But Enfield Council leader Ergin Erbil has said there was clear evidence that the tree was alive, healthy and posed no risk to a nearby car park.
In a fresh statement on Wednesday, councillor Erbil said: “ I am outraged that the leaseholder has cut down this beautiful ancient oak tree without seeking any permissions or advice from Enfield Council.
“We have evidence that this tree was alive and starting to grow new Spring leaves when this action was taken. Our team of experts checked the tree in December 2024 and found it was healthy and posed no risk to the neighbouring car park and its users.
“The police are treating it as a civil matter but we will continue to take appropriate legal action.”
The council leader explained that he believed that Toby Carvery had broken the terms of its lease by not maintaining and protecting the park’s landscape.
He continued: "The tree was the oldest one on site and cutting it down seems to be a clear breach of this condition.
"This tree would have been home to countless wildlife, fungi, and pollinators. This tree is a part of our ecological and cultural heritage.
“We’re therefore seeking advice and will take appropriate legal action. If any criminal activity is found during our investigation, we will not hesitate to report this to the Police again.
“As the tree shows clear signs of life we will also do everything we can to help the tree regrow.”
The cutting back of the tree has been compared to that of the landmark Sycamore Gap tree next to Hadrian’s Wall in Northumberland in 2023, but it is thought to be much older and much more valuable than the famous tree, experts said.
The tree, referred to as the ‘Guy Fawkes Oak’ due to its proximity to the Whitewebbs House where the Gunpowder Plot was planned, is thought to have been in the top 100 of London's 600,000 oak trees in terms of its size before it was cut down.
The ancient tree may have stood outside the house when Guy Fawkes and others came and went in the months leading up to the Gunpowder plot on November 5 1605.
The oak may have supported up to 2,300 different species, according to James Canton, director of Wild Writing at the University of Essex, who wrote the book The Oak Papers.
Environmentalists say decaying tree habitats are part of a tree’s lifecycle and are important for supporting other wildlife, such as endangered dead wood beetles.
The Enfield oak was worth £1m, according to tree valuer Russell Miller, who made his estimate using the Capital Asset Value for Amenity Trees system.
Enfield Council previously reported the matter to the Metropolitan Police, but the force is treating the felling as a civil matter.
Ed Allnutt, an Enfield resident and secretary of the Guardians of Whitewebbs group, is organising a petition calling for a full investigation of the matter, which has been signed by more than 1,500 people.
“This was a beloved ancient tree,” he said. “With a 6.1 metre circumference, it was one of only 60 similarly ancient English oak trees in the whole of London.
“It was an irreplaceable habitat for hundreds of species, and was at least 300 years old.”
Green groups have said there needs to be greater protections and enforcement for England’s ancient trees.
John Deakin, head of trees & Woodland at the National Trust, said: “Older trees are refuges for a huge variety of species from the smallest mosses and lichens and beetles to bats and a wide variety of birds.
“Many trees in our care, such as the 2,500-year-old Ankerwycke yew at Runnymede and the Old Man of Calke – a 1,000-year oak tree at Calke Abbey in Derbyshire, also have a huge, cultural significance too.”
“There is some level of protection in the national planning policy framework, but it needs greater enforcement.
“It is also therefore crucial that the Government addresses concerns about the Planning and Infrastructure Bill currently before Parliament, so that protections for important habitats and natural features, such as ancient trees – which are irreplaceable – aren’t undermined”.
A spokesperson for Mitchells & Butlers said: “The tree was cut back after we were advised by our specialist arboriculture contractors that it caused a potential health and safety risk.
“This was an important action to protect our employees and guests as well as the wider general public, to whom we have a duty of care.
“We took necessary measures to ensure any legal requirements were met. We are grateful to our specialist arboriculture contractors for warning us of this potential health and safety risk, allowing us to act swiftly to address it.”
