22-04-2025
We protect ancient buildings. Trees need the same
THE offences you'd most expect at a Toby Carvery, a budget British chain restaurant, would be those against food. Bad reviews from the past six months highlight poor service, dry meat and lumpy gravy. But one of its sites in Enfield, north London, recently became the scene of a crime against nature.
The owners of the eatery, Mitchells & Butlers, admitted to felling an ancient oak tree on the edge of Whitewebbs Park earlier this month. Enfield Council, which owns the land the tree stood on, referred the case to the Metropolitan Police, but the lack of a Tree Preservation Order on this ecological wonder makes it a civil, rather than criminal, matter. An order has now been placed on the remaining stump in the hope it will recover, and council leader Ergin Erbil said it will 'take appropriate legal action' against the company for breaking the terms of the lease.
About 18 months on from the tragedy at Sycamore Gap, when a beloved sycamore in Northumberland was crudely cut down in what police described a deliberate act of vandalism, the loss of yet another irreplaceable tree is a wakeup call to a critical gap in nature's legal protections.
Though not as visually iconic as that lonely sycamore on Hadrian's Wall, the old oak assassinated this month was far more ecologically valuable. With a girth of more than 6m, the tree was estimated to be between 450 and 500 years old — just halfway through its potential lifespan.
Mitchells & Butlers said the tree had been assessed as dying by private contractors and was therefore a risk to the public. But pictures on the Woodland Trust's Ancient Tree Inventory, a database kept by the charity, show healthy spring foliage emerging during pollarding.
The dead stems could have been pruned without harming the tree, but instead the contractors opted for the nuclear option: Removing everything. Mitchells & Butlers CEO Phil Urban wrote to residents last week apologising for the upset and saying the company needed to tighten its protocols.
Somewhere in this series of events, the oak become victim to a lack of knowledge and due care. A tree's value increases as it ages — and those 'dying' bits are key.
An ancient tree is one in the third or final stage of its life, an era that can last for centuries. Like humans, trees become more wrinkled and characterful with age. Cavities form, parts decay and the bark becomes rougher and more creviced while the trunk grows wider and the crown gets smaller.
This decrepitude creates unique habitats for mosses, fungi, birds and mammals. An ancient oak like the unfortunate specimen next to the Toby Carvery is estimated to support upwards of 2,300 different species with food and shelter; younger trees simply can't match that.
There's also the benefit of the carbon locked away in these trees' monumental bodies and root systems, as well as their spiritual and cultural worth. The felling of the tree at Sycamore Gap prompted an outpouring of grief and anger, as people recounted the sycamore's presence at meaningful life events; the flurry of one-star Google reviews for the Toby Carvery proves that the loss of this tree is also being mourned.
Woodland Trust head of campaigning Adam Cormack noted that the tree may have overheard Guy Fawkes and his co-conspirators plotting to blow up the House of Lords in 1605, as the original Whitewebbs house was used as a safe house for the group. For something to thrive amid a backdrop of centuries of war and riots, crashes and booms, but not survive an encounter with an overzealous tree surgeon is particularly devastating.
A recent report from The Tree Council charity and research agency Forest Research highlights 'significant legal gaps' in the protection of England's most important trees. A 600-year-old oak was felled in 2022 near Peterborough. In 2023, 16 ancient lime trees were cut down to make way for a dual carriageway. A High Court judge later ruled that this shouldn't have happened.
While a tree preservation order would have provided legal protection, the Department for Environment, Food and Rural Affairs-funded review found that
these orders tend to be placed reactively, when a tree is under a direct threat. That's no good in a situation like this, where the borough council was blindsided.
There's a clear valuation gap between natural and human heritage. As lawyer Paul Powlesland wrote in the Evening Standard: 'A building the same age as the Whitewebbs Oak would ver y likely have been listed, with significant penalties for damaging or destroying it.'
It's time to change that. The Tree Council/Forest Research report makes several recommendations, including enhancing data on important trees, improving their legal protection and providing training to tree owners and arborists so they know better how to manage these natural assets.
The Labour government has been ripping up environmental protections to show bats and newts won't be allowed to get in the way of growth. While existing rules stipulate that developers must create new habitats for those lost, the government should recognise that there is no appropriate remediation for the loss of centuries-old trees. We protect them — or lose them, forever.
The government could take inspiration from the likes of Italy, Portugal, Poland and New Zealand, all of which have official mechanisms to recognise and protect their important trees. In all these countries, anyone, including members of the public, can recommend a tree for protection. That's a fabulous way to make people feel connected to their communities — and the landscape. — Bloomberg
This column does not necessarily reflect the opinion of the editorial board or Bloomberg LP and its owners..
This article first appeared in The Malaysian Reserve weekly print edition
