The restaurant chain Toby Carvery is facing eviction from one of its sites after taking a chainsaw to an ancient oak tree without the permission of its council landlord.
The partial felling last April of the 500-year-old oak on the edge of a Toby Carvery car park in Whitewebbs Park, Enfield, provoked widespread public dismay and fury from Enfield council, which leases the land to the restaurant’s owners Mitchells & Butlers Retail (M&B).
The Whitewebbs oak before the partial felling. Photograph: Woodland Trust
Now the north London council has revealed it is pursuing eviction proceedings against M&B after the company refused to apologise or offer compensation for the damage. In November it issued legal proceedings at Edmonton county court seeking forfeiture of the lease. The dispute is expected to reach court later this year or early next year.
Tim Leaver, the deputy leader of the council, 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.”
He said the partial felling happened without the council’s knowledge or consent, “in clear breach of the lease governing the site”.
He added: “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.
Mitchells & Butlers is being urged to pay ‘life support’ costs for the remains of the tree after its stump showed signs of regrowth. Photograph: Dan Kitwood/Getty
“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.”
M&B is also being urged to pay “life support” costs for the remains of the tree after its stump showed signs of regrowth. Such a scheme, which may be too late to save the tree, would cost an estimated £10,000.
Michael O’Shea, the managing director of Wicked Uncle Toys, has offered to pay for the work. But for the scheme to go ahead it would need the cooperation of M&B to install a tank and sprinkler system on the site.
After reading about the ambitious scheme, O’Shea said: “We are a family company and we think companies should do the decent thing. If it is saveable we will put up the cash if the experts will handle the project management.”
Over the coming weeks, the Forestry Commission is due to publish the result of its investigation into the unauthorised felling.
M&B has been approached for comment.
