Investigation finds Toby Carvery illegally felled 500-year oak in Enfield

A Forestry Commission probe has found the centuries-old oak at Whitewebbs Park, Enfield, was alive when it was chopped down without permission on April 3 last year, a finding that undercuts the safety rationale offered by the nearby Toby Carvery. The tree stood on the edge of the restaurant’s car park, a site run under lease by Mitchells & Butlers Retail, and the removal has triggered a multiagency response.

Enfield Council reported the incident to the Metropolitan Police on April 12 and has placed a Tree Preservation Order on the remaining wood and root area. The council said: “We are treating the matter as criminal damage and have reported it to the police. We have now placed a legal protection (Tree Preservation Order) on the tree and are looking at ways to help it grow back. We will work closely with the police as they continue their investigation into this matter.”

The Metropolitan Police opened a formal inquiry after the council’s report but subsequently closed the case, stating: “There is no evidence of criminality.” The closure followed public attention and a viral social media post; no arrests or charges were announced as part of that police outcome.

Mitchells & Butlers and its Toby Carvery operation have apologised to neighbours and customers. A Toby Carvery spokesperson said workers had “cut back after we were advised that it caused a serious health and safety risk.” Mitchells & Butlers chief executive Phil Urban, writing to nearby residents, wrote: “I could only apologise for all the upset” and said “one of our team acted in good faith in response to expert advice.” The company has signalled changes to internal protocols in the wake of the incident.

A separate survey by the Tree and Woodland Company includes maps showing the oak was located on land owned by Enfield Council, just outside the area leased to the Toby Carvery, a detail that raises questions about authority to fell the tree. Sarah Dodd, founder of Tree Law, warned that if the tree sat on council land “the argument that Toby Carvery was acting as a responsible leaseholder and keeping users of its car park safe falls away. If it is on land outside their leasehold interest then it could be trespass and criminal damage. It could potentially reopen the issue with the Metropolitan police.”

The controversy has drawn national attention. Junior environment minister Sue Hayman described the felling as “horrifying” and said: “It has opened up a nerve in the country about how important it is that our really ancient trees are properly protected.” Conservation groups including the Woodland Trust have urged further action and called for “justice,” while local residents described themselves as “saddened” and “devastated.”

Legally, the picture remains mixed: the Met has closed its criminal inquiry, Enfield Council has begun eviction proceedings against the restaurant’s owners for what it calls “serious breaches of their lease” and the Forestry Commission, which has new powers to sanction unauthorised felling, is carrying out its probe with the ability to impose fines and potentially mount a private prosecution. The next steps hinge on the Forestry Commission’s findings, the council’s lease action and any further documentary evidence about land boundaries and arborist advice.