London borough settles dispute with Toby Carvery owner over felling of ancient oak

The London borough had initially threatened legal action after finding Mitchells & Butlers (M&B) 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.

The council then served a formal section 146 notice on M&B in January this year, alleging that the firm had "failed to engage meaningfully with the council or to make reparations".

It also asked the company to issue an apology, provide financial reparations for the damage caused, and compensate the council for the significant costs incurred.

Five months on, Enfield and M&B have now reached an out-of-court settlement.

In a joint statement issued on Wednesday (10 June), the council said it "recognises that M&B acted on the recommendation of reputable, professional advisors in taking the steps that it did, for the purpose of mitigating any health and safety risk to guests, team members and the wider public arising from the condition of the tree".

M&B has meanwhile agreed to contribute to the costs incurred on treatment of the tree and to make a donation towards the council’s Enfield Chase Landscape Restoration scheme, London’s largest woodland and nature restoration initiative, the statement said.

The joint statement added: "M&B’s donation will enable the restoration of an historic lost orchard along the Ridgeway corridor within the wider Enfield Chase Landscape Restoration scheme.

"This will re-establish a publicly accessible community orchard, restore landscape character and biodiversity, and provide locally grown fruit for residents and visitors.

"In addition, M&B’s donation will enable the planting and maintenance of a thousand new trees surrounding and connecting the orchard habitat, contributing to nature recovery, climate resilience, public access, and landscape-scale ecological restoration."

Adam Carey