Car boot sales

Under Section 37 of the Local Government (Miscellaneous Provisions) Act 1982, any person intending to hold a temporary market, and any occupier of land who intends to permit the land to be used as the site of a temporary market, has to give the local authority not less than one month's notice of the proposed sale.

No such notice is required, however, if the proceeds are to be applied solely or principally for charitable, social, sporting or political purposes. Proof of this may be requested. Failure to provide the required notice can result in a fine of up to £1,000.

On receipt of the notice, we will consult other agencies and let the organiser know if there is any objection.

The council may instruct that formal planning permission is required.

Under the provisions of the Town and Country Planning (General Development) Order 1995, the use of a piece of land for a market or car boot sale is permitted without the need for planning permission, if:

• the use does not last more than 14 days in total in any calendar year, and
• the land is not within the curtilage of a building.

If the sale is classed as 'permitted development,' the provision on the land of any movable structure for the purpose of the sale is also permitted for the 14 days duration.

The council has the power by direction to take away permitted development rights (subject to confirmation by the Secretary of State for the Environment) to ensure the proper planning of the area or to protect amenities. If the council has taken such action, they would need to obtain planning permission to hold a car boot sale/market.

The Environmental Protection Act 1990 makes the land owner responsible for litter, and provision should therefore be made for the collection and disposal of litter on site and the surrounding area.

The consent of the local highway authority will be needed for any signs on lamp posts, verges etc, and you may need separate advertisement consent from the local planning authority.

The site should be large enough to accommodate all stall holders and customers vehicles without over spilling onto adjoining highways.

About two thirds of any site will need to be reserved for visitor parking and be suitable for use whatever weather or ground conditions.

Vehicular access to the site should be obvious and safe. There should be good visibility for vehicles leaving the site.

Traffic attracted to the market or sale must not have a detrimental impact on the character and safety of roads in the area.

Vehicles parking on the roads are a police matter and should be reported to them.

If you believe counterfeit goods are being sold, you must contact the local Trading Standards Office.