Lack of tree preservation order on oak tree blamed for felling as council suggests it may still take legal action, reports James Cracknell

The felled Whitewebbs oak and (inset) Toby Carvery

The boss of the pub company that owns Toby Carvery issued an apology today (Thursday 17th) over the felling of an ancient oak tree at Whitewebbs Park – as a campaigner says it should be a “wake up call” for Enfield Council.

The Dispatch revealed on Tuesday (15th) that Toby Carvery had ordered the tree be cut down, despite being around 450 years old and one of the most important oak trees in London. In trying to justify the move a spokesperson for Mitchells & Butlers (M&B) falsely claimed the tree was “dead”, but later retracted this part of their statement.

M&B continued to argue the tree posed a “health and safety risk” to patrons of Toby Carvery, without offering evidence of this. However, according to the BBC, chief executive Phil Urban has now written a letter apologising for the tree’s destruction, in which he says: “Clearly the felling of a beautiful old tree is a very emotive subject and is not something any of us would undertake lightly.

“I can only apologise for all the upset that it has caused.

“I am not expecting my words to resolve the depth of feeling, but I do hope that you will accept that we do try to always be responsible operators, and that the people involved did act in good faith and with good intentions.

“We will complete a thorough review and ensure that in future, exceptional situations are treated differently from the more regular health and safety issues that arise on a day-to-day basis.”

The admission and apology comes as the Metropolitan Police confirmed it would not be investigating the matter further, with the lack of a tree preservation order (TPO) cited as a factor in the decision.

Enfield Council has a policy of only issuing TPOs for ancient or veteran trees on private land, but campaigners are now urging the council to move quickly to protect all trees of high ecological importance in the borough.

In the case of the Whitewebbs oak felled earlier this month, the tree formed part of Whitewebbs Wood and the wider park but was also within the area leased by the council to Toby Carvery.

Friends of Whitewebbs Park chair Sean Wilkinson told the Dispatch today there were four remaining ancient trees across Whitewebbs which needed protection, alongside around 100 other “veteran or notable” trees.

“I think the council really ought to ensure TPOs are put on all of the ancient and other trees in Whitewebbs and parks across Enfield,” said Sean.

“It is all very well the council leader saying they are going to sue people, but they really need to make sure no other trees are attacked.

“This [the felling of the Whitewebbs oak] has demonstrated how little protection there is for trees […] it should be a wake-up call.”

Yesterday (Wednesday 16th) the council issued a fresh statement from leader Ergin Erbil on the incident. Cllr 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 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.

“As the land owner we believe this action has broken the terms of the lease which requires Toby Carvery to maintain and protect the existing landscape. 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.”

Sean also said that the incident highlighted the importance of protecting trees within the area set to be leased to Tottenham Hotspur for its women’s and girls’ academy, after the plans won approval from the council in February.

“We want to focus on the much wider implications for the rest of the park,” said Sean. “Spurs want to chop down a beautiful chestnut tree, for example, to make way for their football pitches.”

Tottenham Hotspur have pledged to plant 2,000 new trees elsewhere in Whitewebbs Park to compensate for the loss of 121 trees on the site where it will be constructing its new training academy.

The plans are still subject to review by City Hall, with London mayor Sadiq Khan having the power to overturn the council’s decision if he wishes.

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