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Toby Carvery has been threatened with legal action by a council over the felling of an ancient oak in a park in north London.
The restaurant chain is facing national outrage after its decision to fell the up to 500-year-old tree without warning on 3 April.
On Wednesday, Enfield council, which had leased the land on which the tree stood for a Toby Carvery car park, escalated its dispute with the company by challenging its rationale for the felling and indicating it planned to sue.
It came after Mitchells & Butlers Retail (M&BR), which owns Toby Carvery, claimed the tree had to be taken down because it was “mostly dead and diseased” and posed a risk to the public.
The council leader, Ergin Erbil, said this was false. “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 2024 and found it was healthy and posed no risk to the neighbouring car park and its users,” he said.
“As the tree shows clear signs of life, we will also do everything we can to help the tree regrow.”
The council had reported Toby Carvery to the Metropolitan police, but officers decided to take no further action as there was no preservation order on the tree. On Tuesday the police closed their investigation after deciding it was a civil matter.
Erbil said: “The police are treating it as a civil matter, but we will continue to take appropriate legal action.”
He added: “As the landowner, 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.”
“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.”
Erbil said he was “outraged” that Toby Carvery had “cut down this beautiful ancient oak tree without seeking any permissions or advice from Enfield council”.
He said: “This tree would have been home to countless wildlife, fungi and pollinators. This tree is a part of our ecological and cultural heritage.”
The Woodland Trust said the oak in Whitewebbs Park was an important habitat, supporting hundreds of species including endangered deadwood beetles.
Ed Pyne, the Woodland Trust’s senior conservation adviser for trees, said: “This is the most shocking fell I think I’ve ever seen in more than a decade working with ancient trees. In my view, and the view of many others, this is ecologically much more significant than the Sycamore Gap – and certainly a more irreplaceable tree.
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“Ancient oaks are particularly rich in biodiversity, with habitats that take centuries to develop. They simply can’t be replaced by younger trees and can’t be replaced quickly.”
He added: “Some of the biodiversity associated with ancient trees, like the Whitewebbs oak, is among the most threatened in Europe.”
Ed Allnut, an Enfield resident and the secretary of the Guardians of Whitewebbs group, said local people wanted justice for the old oak.
He said: “The tree belonged to Enfield and to our national heritage. I am personally devastated. We want answers, and we want guarantees the other trees here are being protected properly.”
M&BR has been approached for comment.
It is understood M&BR plans to conduct a review of the incident to determine whether felling the tree was right or wrong. Its chief executive, Phil Urban, also plans to respond to all those who have complained to him about the destruction of the tree.
A source close to the company says Urban will apologise for the distress caused but not the action taken.
