Smallholder fights eviction to save growing flock

A woman in her wellies feeding her chickens in a rural landscape
Tracey Milton moved to the Borders last year [BBC]

A smallholder who is recovering from a stroke and mental health issues has said she will fight "to her last breath" to stay in her recently purchased retreat.

Tracey Milton relocated to the Scottish Borders from her native Somerset during the summer of 2023.

But four months after moving onto the rural smallholding, near Selkirk, she was ordered to leave by council enforcement officers.

Tracey said: "I would never have bought this place - a place I fell in love with - if I had known I wasn't allowed to live here."

The previous owner of the smallholding, Muriel Aldin, was initially refused permission to live on the site in 2004.

But she submitted an appeal to the Scottish government and was eventually allowed to reside in her static caravan on the four-and-a-half acres of land.

A woman in a jacket and jumpet standing outside her green static caravan
Tracey suffered physical and mental health issues before moving to Midlem [BBC]

Although legal checks were made by Ms Milton's appointed solicitor ahead of purchasing the site, it was never disclosed that the residential permission was not transferable.

Ms Milton said: "Buying property in Scotland is different from England so when I came to view the smallholding I was advised by the estate agent to consult a solicitor.

"Apart from coming to an agreement about shared electricity and water supply with a neighbouring landowner, there were no difficulties and certainly no mention about not being able to live on the land.

"I had been living here happily for four or five months when there was a knock at the door, and the enforcement officer told me I couldn't live in my home any more."

Sheep, goats and alpacas stare into the camera on the smallholding
Tracey has more than 100 animals on her smallholding [BBC]

Since moving onto the Westfields smallholding with four sheep and eight chickens, Ms Milton's flock has grown to include alpacas, pigs, goats, geese, two Shetland ponies and a parrot.

She also had plans to open up her home to charities and families with people who suffer from physical disabilities or mental health conditions.

"I have taken in lambs and bottle-fed them, re-homed cockerels and goats, and even adopted two Shetland ponies that were no longer wanted," she said.

"I got all of these animals to look after them - not neglect them by moving away.

"I have suffered with mental health issues for many years as well as Copd, and I've had several strokes.

"Coming here and being around the animals has helped me so much, and I had hoped opening the place up to others with issues would also help them."

A woman on the steps of her green static caravan in the Borders surrounded by various plants
Tracey Milton faces eviction from her smallholding near Midlem [BBC]

Scottish Borders Council believe that residing on the land is contrary to its living in the countryside policies.

Planners also state that no economic justification has been provided for a continuation of the previous permission.

A retrospective application for residency was turned down, and an appeals review is currently being arranged 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.”