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Toby Carvery owner 'sorry' for felling ancient tree

Harry Low
BBC News
Woodland Trust Split trunk of old oak tree with red and white tape above itWoodland Trust

Toby Carvery's chief executive has apologised after the company felled an ancient oak tree and admitted "we need to tighten our protocols" in a letter seen by the BBC.

The owners of pub chain Toby Carvery cut down the 500-year-old oak despite a March 2024 planning document calling it a "fine specimen", and the council stating it had centuries to live.

Phil Urban, from Mitchells & Butlers, wrote: "Clearly the felling of a beautiful old tree is a very emotive subject and is not something any of us would undertake lightly. I can only apologise for all the upset that it has caused."

On Wednesday, Enfield Council's leader branded it "an outrage" and said all legal options were being considered.

'Good faith'

The pedunculate oak, which was cut down on 3 April, was located on the edge of Enfield council-owned Whitewebbs Park in north London and overlooked a Toby Carvery.

Mr Urban wrote to residents explaining that the work had been fast-tracked due to expert advice "warn[ing] us of a direct risk to life or serious injury".

He said: "In this instance, one of our team acted in good faith in response to expert advice and authorised the work to be done.

"However, I would totally accept that this was an exceptional circumstance, and as part of our review, we have already concluded that we need to tighten our protocols to ensure that if something like this were to ever happen again, that we could still protect our guests, team members and/or general wider public from harm but have time for a fuller consultation."

Enfield Council said on Tuesday it had reported the felling as a case of criminal damage to the Met Police, which is understood to have closed its inquiry, deeming it a civil matter.

The chief executive added that he wanted "to assure you that we do try to be good neighbours".

He said: "On a personal level, I am very sorry for all the anger and upset that this incident has caused.

"I am not expecting my words to resolve the depth of feeling, but I do hope that you will accept that we do try to always be responsible operators, and that the people involved did act in good faith and with good intentions.

"We will complete a thorough review and ensure that in future, exceptional situations are treated differently from the more regular health and safety issues that arise on a day-to-day basis."

On Tuesday, an M&B source initially said that the company had approved the cutting down of the oak after being told the tree was dead.

In an official statement hours later, M&B stated it had received advice from contractors, who said: "The split and dead wood posed a serious health and safety risk."

M&B subsequently removed this statement in a further update but maintained it had taken "necessary measures to ensure any legal requirements were met".

Paul Whiteing Two vans, one with a cherry-picker on the back, are parked at the base of a large ancient oak tree. There is someone in the cherry-picked high up next to one of the branches of the tree. A person in orange high-visibility jacket is standing next to one of the vans. There are large trees in the background.
Paul Whiteing

The tree, with a girth of 6m (20ft), was a nationally significant pedunculate oak listed on the Woodland Trust's ancient tree inventory.

News of the destruction of the oak came just two days after a report from the charity Tree Council and the Forest Research organisation warned that trees were only indirectly protected, with some "significant legal gaps".

It recommended the development of a "robust and effective system" to ensure they were safeguarded.

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