Police have dropped a criminal investigation after a row broke out when Toby Carvery cut down a centuries-old tree close to one of its car parks.
The ancient oak tree at the Whitewebbs House Toby Carvery at Whitewebbs Park, north London, had reportedly been assessed to be dying and dangerous, resulting in the company’s owners, Mitchells & Butlers, felling it.
Environmental campaigners described the felling as “devastating” and Enfield Council subsequently reported the matter to the Metropolitan Police.
However, the force has dropped the investigation, while Mitchells & Butlers defended the felling, saying it acted on the advice of employed tree experts.
The Woodland Trust has argued that the old tree was still an important habitat, with ancient oaks supporting biodiversity like endangered dead wood beetles.
What happened?
Mitchells & Butlers cut down the tree after tree experts they employed reportedly assessed that it was dying and a risk to the public.
The tree, which has a girth of 6.1 metres, is located near the Whitewebbs House Toby Carvery car park and was felled on 3 April.
The incident has been reported to the Metropolitan Police and the council has put an emergency preservation order in place on the base of the stump. (PA)
However, Enfield Council claim they were not told of the incident until after the tree was cut down and sent teams to assess the damage.
Enfield Council reported the felling to the Met Police, claiming it to be criminal damage, while also imposing an emergency Tree Preservation Order on the base of the stump.
However, the Met has subsequently closed its investigation after finding no evidence of criminality and instructed Enfield Council it is a civil matter.
Responding to the news, Enfield Council leader Elgin Erbil said he was “outraged” that the tree was cut down without council permission and vowed to pursue legal action.
He insisted that the tree was checked by experts in December, who “found it was healthy and posed no risk to the neighbouring car park and its users”.
Erbil added: “The police are treating it as a civil matter but we will continue to take appropriate legal action.
“As the land owner 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.”
What have environmental campaigners said?
The Woodland Trust has argued that the old tree was still an important habitat, with ancient oaks supporting biodiversity like endangered dead wood beetles.
Woodland Trust senior conservation adviser for trees Ed Pyne said: “This is the most shocking fell I think I’ve ever seen in more than a decade working with ancient trees…
“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 described the incident as “ecologically much more significant” than the felling of the Sycamore Gap in Northumberland in 2023, adding that it is “certainly a more irreplaceable tree”.
The tree was near the Whitewebbs House Toby Carvery car park in north London. (Google)
Payne added that the development of decaying tree habitats are a “normal and healthy part of a tree’s lifecycle – especially in the ancient phase”.
He said some of the biodiversity associated with ancient trees “is amongst the most threatened in Europe”.
Campaigner Paul Powlesland, founder of Lawyers for Nature, said the felling was “disturbing” and it showed that there is a “desperate need for better protections for our veteran and ancient trees”.
He added that it was “too soon” to say whether the tree could regrow or be killed by shock.
What has Toby Carvery said?
Mitchells & Butlers defended the decision, saying it acted on the advice of employed tree experts, arguing that the tree “caused a serious health and safety risk”.
A spokesperson added: “This was an essential action to protect our employees and guests, to whom we have a duty of care.
Toby Carvery in Trowbridge, Whiltshire
“Upon further inspection, our specialist arboriculture contractors made the assessment that the split and dead wood posed a serious health and safety risk and advised that the tree was unsafe and should be removed.
“We took every necessary measure to ensure all legal requirements were met. We are grateful to our expert contractors for warning us of this hazard so swiftly, allowing us to act before anyone was harmed.”
What is a tree preservation order?
A tree preservation order (TPO) is issued by local planning authorities and is a way to legally protect specific trees, groups of trees, or woodlands that hold significant value for the community, whether for their beauty, environmental benefits, or cultural importance.
A TPO makes it illegal to cut down, prune, uproot, or deliberately damage these trees without first getting written permission from the local authority.
This ensures that trees contributing to the landscape or local ecosystem are preserved for future generations.
According to government figures, there are a total of 39,185 TPOs in place, each with start dates and end dates, if applicable.
TPOs are carefully documented, often including details like the specific trees or areas covered, and are accessible to the public to promote transparency in managing protected green spaces.
What are the laws around cutting down trees?
Cutting down trees is governed by laws that aim to protect the environment and public spaces while at the same time respecting property rights.
Violating TPOs can lead to substantial fines, potentially up to £20,000 in a magistrates’ court, or even unlimited fines for serious cases in a Crown Court.
There are laws that prohibit the felling or pruning of some trees. (PA)
Trees in conservation areas, which are designated for their historic or architectural importance, require six weeks notice in writing before cutting it down or pruning it if a tree in such an area has a trunk diameter exceeding 7.5cm (measured at 1.5m above ground).
Trees on private land, including in gardens, can generally be cut down without permission – unless they are protected by a TPO or located in a conservation area.
However, trees that are homes to nesting birds should not be disturbed and a survey may be needed before felling.
Sycamore Gap 2.0?
The incident has reminded many of the felling of the Sycamore Gap tree in Northumberland in 2023.
The 150-year-old sycamore beside Hadrian’s Wall was a magnet for tourists before being chopped down in an incident that sparked widespread anger.
Planted in the 19th century, the tree stood within Northumberland National Park, a UNESCO World Heritage Site.
People gather around the stump of the Sycamore Gap tree in Northumberland National Park after it was felled. (PA)
Its felling also caused minor damage to the adjacent Hadrian’s Wall.
Two men from Cumbria – Daniel Graham, 38, and Adam Carruthers, 31 – were arrested and charged with criminal damage to the tree (valued at £622,191) and Hadrian’s Wall (£1,144).
Both men pleaded not guilty and await trial.