Council begins forfeiture proceedings against restaurant business over ancient oak felling

The London borough threatened legal action after finding the company had partially felled the ancient tree in April last year.

At the time, it said that the decision to cut down the tree, which stands behind a car park attached to the restaurant, had broken the terms of the lease.

In an update issued on Wednesday (21 January), Enfield's deputy leader, Cllr Tim Leaver, described the "destruction" of the tree as a "reckless act" which had damaged the tree and cuts its expected lifespan.

Much of the tree's canopy was cut down, but part of the tree still stands.

“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," Cllr Leaver said.

He reported that the council has served a formal section 146 notice on Mitchells & Butlers, the company responsible for the Toby Carvery at Whitewebbs Park, alleging that the firm had "failed to engage meaningfully with the Council or to make reparations".

He said: "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.”

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

Adam Carey