Animal sanctuary owner wins eviction battle
BBCA smallholder has won her two-year fight to remain at her animal sanctuary in the Scottish Borders.
Just four months after Tracey Milton bought the rural four-and-a-half acres of land near Selkirk, enforcement officers arrived at her static caravan.
Despite using a solicitor to complete the purchase early in 2023, it was never disclosed that residential permission expired with the departure of the previous owner.
This week members of the review committee of Scottish Borders Council (SBC) went against the advice of their officers and allowed her to remain on the land.
Ms Milton said: "I didn't buy this land to have two years of worry and sleepless nights - but it now feels like it's been worth it as I can stay."
The previous owner of the smallholding, Muriel Aldin, was initially refused permission to live on the site in 2004.
However, she submitted an appeal to the Scottish government and was eventually allowed to reside in her static caravan on the land.
Ms Milton was looking to move to a rural location to help with her recovery from a stroke and mental health issues.
Although legal checks were made by her appointed solicitor ahead of purchasing the site, it was never disclosed that the residential permission was not transferable.
Since arriving in the Scottish Borders she has accumulated about 140 animals, including rare-breed sheep, alpacas, horses, tortoises and a parrot.
She added: "Staying somewhere like this has been a dream of mine since I was a small girl.
"I love animals and the opportunity to take in animals that no-one else wanted was perfect for me.
"But the dream quickly turned into a nightmare."
Ms Milton was initially refused retrospective permission by SBC to continue living on the land.
Her appeal - to be heard last year - was also being recommended for refusal by planning officers, as she breached several policies for living in the countryside.
However, members of the local authority's review committee allowed her time to prepare for a personal appearance.
During this week's review hearing, Councillor Marshall Douglas said he felt the council was in the situation due to the previous owner and he did not believe Ms Milton was to blame.
Following a lengthy debate, members of the committee voted by six to two to allow her to continue living at the smallholding for the duration of her life.
A legal agreement is also being worked on which will ensure residential permission terminates when she leaves the land.