Enfield council has initiated eviction proceedings against the owner of Toby Carvery after the restaurant chain felled an ancient 500-year-old oak tree without authorisation. The centuries-old tree, sometimes referred to as the Guy Fawkes oak, was partially cut down last April at a site in Whitewebbs Park, Enfield, provoking widespread public dismay and fury from local authorities.
Council Takes Legal Action Over 'Reckless Act'
The north London council has revealed it is pursuing forfeiture of the lease after Mitchells & Butlers Retail (M&B), the company responsible for the Toby Carvery, refused to apologise or offer compensation for the damage. Legal proceedings were issued at Edmonton county court in November, with the dispute expected to reach court later this year or early next year.
Tim Leaver, the deputy leader of Enfield council, stated: "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."
Breach of Lease and Demands for Accountability
Leaver emphasised that the partial felling occurred 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. 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."
The council is demanding that M&B issues a public apology and provides financial reparations for the irreversible damage, as well as compensating for significant costs incurred. Leaver asserted: "The people of Enfield deserve accountability."
Efforts to Save the Tree and Ongoing Investigations
Mitchells & Butlers 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 fund the work, but it requires M&B's cooperation to install a tank and sprinkler system on the site.
O’Shea commented: "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 results of its investigation into the unauthorised felling. Mitchells & Butlers has been approached for comment but has not yet responded publicly to the allegations and legal actions.
