Woman with 100 rescue animals ordered off land by council
A smallholder with 100 rescue animals has been ordered to vacate her land by the council, despite the previous owner having won the right to stay. Tracey Milton relocated to the five-acre plot in the Scottish Borders from Somerset around 14 months ago.
She bought the land from a previous owner who lived in a static caravan on site and raised chickens, alpacas, geese, pigs, Shetland ponies, and a parrot. The previous owner was initially denied permission to live on the land in 2004 but successfully appealed the decision.
When purchasing the property, Tracey arranged an agreement with a neighbouring landowner to supply electricity and water. However, she was never informed during the sale that she might not be able to live on site near Selkirk.
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After living in her own static caravan on the property for four months, enforcement officers from the Scottish Borders Council arrived to order Tracey to leave. Now, Tracey says she will fight to remain on the land to care for her over 100 rescued animals.
"I brought the property as a residential property all the paperwork said as much," she said. "I moved here because of my mental health I suffer from chronic COPD and depression. I've also had four mini strokes. I wanted somewhere that I could live with my animals. Nobody once said we wouldn't be allowed to live here. When we viewed it, there was a static caravan here. We moved onto the land 14 months ago, and it was brilliant.
"I got a new static, because the one that was here was falling apart, and I was living here quite happily for about four months. Then I got a knock at the door, and it was enforcement officers telling me that I had no right to be living here.
"They said there was an enforcement notice on the land, and I had no right to stay. This is my home. I have nowhere else to live."
"These animals over 100 animals here rely on me for everything. I'm feeding them and checking in on them three times a day. The council want to know why I'm not living somewhere else. I use a mobility scooter, and with the housing crisis, there is nowhere else I can live where I can get here three to four times a day to check the animals.
"There is electric and water and we pay our council tax we're not trying to hide anything. If we were told back then that we couldn't live here, I wouldn't have spent my money on the place. I need somewhere I can be with the animals because I don't drive and a mobility scooter doesn't get you that far."
The previous owner of the smallholding was initially refused permission to live on the site in 2004. But she submitted an appeal to the Scottish government and was allowed to reside in her static caravan on the four-and-a-half acres.
Legal checks were made by Ms Milton's solicitor and it was never disclosed that the residential permission was not transferable. Tracey, who has a menagerie that includes two dogs, chickens, alpacas, geese, and pigs on her property, looks after her animals at least three times every day.
She's also known for her kindness, regularly donating eggs from her chickens to the local food bank and welcoming neighbours with youngsters to enjoy time with the animals outdoors. Looking to share the healing power of her farm, Tracey is planning to allow people with disabilities and those dealing with mental health challenges to visit for free, as she believes in the therapeutic benefits they offer, similar to how the animals have aided her own wellbeing.
"A lot of the animals we have here are rescues, because I can't bear to see any animals get put to sleep," Tracey shared. She's gathering evidence to demonstrate the need for her presence on the land, not only due to the welfare of her animals but also to establish it as a viable business.
Tracey passionately explained: "This place has helped me to no end with my mental health, and I want to open it up to people with disabilities and mental health problems." She added: "I don't want to charge, I just want to pass on what I'm getting out of this to other people who are suffering as well."
Determined to offer a unique sanctuary, she pointed out: "I don't believe there's anything like this around for people that doesn't cost an absolute fortune. If I can pass on something to others, then it's worth it.
"I'm not hurting anybody or causing any problems. I've got no close neighbours, and the distant neighbours that I do have are brilliant."
Emphasising the community aspect, she said: "They've brought their grandchildren up here and spent hours up here with the animals. I'm not causing a nuisance. I donate all the eggs to the Selkirk food bank I can't eat that many eggs. I want to give back to the community, and if I can do that by opening it up and having even one person gain something from it, then it's all worth it."
Tracey has vowed to fight tooth and nail to stay on her land and continue caring for her animals. "This is my home - I don't need anything big, and it suits me," she declared. "We're tucked away from everybody, and we're not an eyesore.
"I don't believe I'm doing anything wrong. I'm just living a smallholders' life. I can't afford to run a big farm; I can't afford to buy a big house with land attached to it."
"This is what I've spent all my inheritance from my parents on. I'm not prepared to leave. I will fight until my last breath to stay here."
Scottish Borders Council maintains that residing on the land goes against its rural living policies. The council's planners also argue that no economic justification has been provided to extend the previous permission. A retrospective application for residency was rejected, and a review of the appeal is currently being organised by the local authority.
A spokesperson said: "At its recent meeting the Local Review Body agreed to continue the matter to enable the applicant to present their case in person. No further enforcement action will be taken until the Local Review Body reaches a decision on the application."