Ancient oak tree felled by Toby Carvery owner was still alive, investigation finds
The Forestry Commission’s investigation revealed that a century-old tree felled by the chain’s owners outside the Toby Carvery restaurant was still alive at the time.
An oak tree in north London, believed to be 450 to 500 years old, was felled without the permission of the council landlord on April 3 last year, sparking widespread public outrage and causing Toby Carvery to face eviction.
Pub company Mitchells & Butlers (M&B), which runs Whitewebbs House Toby Carvery in Enfield, said it had been advised by experts that the ancient Whitewebbs Oak was dying and posed a risk to the public.
However, in the examination carried out by the Forestry Commission in late 2025, green shoots were detected in the cut wood remaining in the area and it was concluded that the tree survived.
Enfield Council said it believed the tree, which is thought to be in the top 100 of London’s 600,000 oak trees in terms of size and has “more ecological value than Plane Gap”, has a lifespan of around 80 years.
Woodland Trust’s senior conservation advisor Dr. Ed Pyne said: Independent: “It was inevitable that the Whitewebbs Oak had to be confirmed to have been alive at the time it was felled. I later visited the tree and there was no doubt in my mind that the tree was very much alive.”
“There were still green shoots and healthy buds and in fact there was a VET certificate just before cutting [certified veteran tree] consultants found the tree to be healthy and full-crowned.
“The crippling of an irreplaceable tree under the ‘pruning and topping’ exceptions is tragic because pruning and topping are outdated and no longer considered an appropriate management technique for trees.”
He emphasized that the tree had been standing for so long that it was even there at the time of the Gunpowder Plot, more than 400 years ago. The Oak gained its nickname from its proximity to Whitewebbs House, which was known to be a haunt of conspirators during the conspiracy of 1605.
Dr Pyne added: “Beyond this, the habitat provided by this tree has taken centuries to develop and cannot be replaced instantly by planting younger trees. Any tree that has survived for centuries brings incredible biodiversity value and many other benefits. These ancient trees are living legends, magnificent heritage monuments.”
“Our most valuable trees should have the legal protection they deserve.”
Enfield Council, which owns the land, reported the matter to the Metropolitan Police, who investigated and found “there was no evidence of criminality in relation to the circumstances behind the felling of the tree”.
But M&B is facing eviction from the site at Whitewebbs Park after the council issued the pub company a Section 146 notice “for serious breaches of their lease”. The council served the notice on Oct. 6 and filed suit in Edmonton County Court on Nov. 4 to revoke the restaurant’s lease. Enfield Council said a trial should take place later this year or early 2027.
In an update published last month, which the council said was still its latest position, the council’s deputy leader, Major Tim Leaver, said: “The destruction of the Ancient Whitewebbs Oak was a reckless action that caused great damage to the tree and shortened its expected lifespan. It shocked and angered our entire community.”
“This century-old tree, sometimes known as the Guy Fawkes Oak, was an irreplaceable part of Enfield’s natural heritage and was felled without the knowledge or permission of the council, in clear breach of the lease governing the site.”
Speaking about M&B, he added: “They have failed to engage meaningfully with the Council or pay compensation. We have therefore commenced forfeiture proceedings for serious breaches of their lease.”
“We demand that M&B make a public apology and provide financial compensation for the irreversible damage they have caused, as well as compensating the council for the significant costs incurred.”
Two weeks after the tree was felled, Toby Carvery chief executive Phil Urban said the company had “acted in good faith” in allowing the work, adding: “Obviously, cutting down a beautiful old tree is a very emotional issue and not something any of us should take lightly. I can only apologize for any distress this has caused.”
A spokesman for Toby Carvery said: “Due to ongoing legal proceedings we are unable to comment.”
Forestry Commission told Independent: “We understand the public’s concern about the loss of this ancient oak tree. The Forestry Commission has carried out a comprehensive site survey and reviewed the work carried out.”
He added that since the tree was not protected by the conservation order, the assessment was that “there was no violation of the relevant legislation”.
