The council has accused the restaurant chain’s owners of breaching the terms of its lease at Whitewebbs House following the “reckless” attack on an ancient oak tree last year

The Whitewebbs oak pictured before its felling with (inset left) Toby Carvery and (inset right) deputy council leader Tim Leaver

The owners of Toby Carvery have been issued with an eviction order by Enfield Council over what the civic centre claims are “serious breaches” of its lease at Whitewebbs House.

The council confirmed today (Wednesday 21st) that it had begun formal legal proceedings against Mitchells & Butlers (M&B) nine months after the partial felling of an ancient oak tree which prompted national and even international news headlines last April.

M&B has been accused of “failing to engage” with the council over the issue.

In a statement Tim Leaver, the council’s deputy leader, said: “The destruction of the ancient Whitewebbs oak was a reckless act which caused huge damage to the tree and cut its expected lifespan. It shocked and angered our entire community.

“This centuries-old tree, sometimes known as the ‘Guy Fawkes Oak’, was an irreplaceable part of Enfield’s natural heritage and was felled without the council’s knowledge or consent, in clear breach of the lease governing the site.

“Enfield Council has served a formal Section 146 notice on Mitchells & Butlers, the company responsible for the Toby Carvery at Whitewebbs Park. They have failed to engage meaningfully with the council or to make reparations. We have therefore started forfeiture proceedings for serious breaches of their lease.

“We ask that Mitchells & Butlers issues a public apology and provides financial reparations for the irreversible damage they have caused as well as compensate the council for the significant costs incurred.

“The people of Enfield deserve accountability. This case is about upholding our duty to protect our environment and our shared heritage.

“We will do everything within our power to ensure justice for the Whitewebbs oak and seek to make it clear that such reckless disregard for our borough will never be tolerated.”

The partial felling of the tree, a veteran English oak, sparked widespread public outrage. The tree was estimated to be 450 to 500 years old, with a girth of six metres and a crown approximately 20m in height. Given its age and size, it was estimated to have supported more than 2,000 species including birds, bats, insects and fungi.

The oak, expected to live for at least another 80 years, was felled suddenly without any prior correspondence with the council. Contractors working for Toby Carvery, which leases Whitewebbs House and its surrounding land, cut off the tree’s main stem, ancient pollard poles and branches, leaving the main stump about 4m tall.

The council’s legal letter makes clear that unless M&B remedies the breaches identified, forfeiture proceedings will commence.

It is now expected that there will be a trial later this year or early next year, after the council filed its legal notice at Edmonton County Court.

A spokesperson for Toby Carvery said: “There will be no further comment due to ongoing legal proceedings.”

The council says it continues to work with arboriculturists to preserve what remains of the tree and its surrounding habitat.

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