Car Boot Sales

Frequently Asked Questions

Information on how to obtain planning permission for a car boot sale.

Do I have to give prior notice of a car boot sale or market?

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 £1000.

On receipt of the notice we will consult other agencies and let the organiser know if there is any objection. The Council may direct that formal planning permission is required.

Do I need planning permission?

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. Please consult the Planning Division of the Council to check if you need permission.

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 you would need to obtain planning permission to hold your sale.

How do we process the planning application?

We will endeavour to determine your application within eight weeks. The forms, plans and fee will be checked, and publicity and consultations will be carried out.

Your application will be considered against relevant policies and any previous decisions on that site or similar sites. The Council also has certain standards to satisfy for such things as parking and highway safety. A planning officer will visit the site and may contact you if more information or amendments are considered to be advisable.

Your application will normally be decided by the Planning Sub-Committee which meets every three weeks. Shortly after the application has been decided, you will receive a decision notice.

What if food is provided or sold?

The storage, handling and preparation of food offered or exposed for sale from a mobile vehicle, must comply with;

• Food Safety Act 1990
• European communities Act 1972 and any Orders or Regulations made thereunder.
• Food Hygiene (England) Regulations 1996
• Food Labelling Regulations 1996 as amended General food Regulations 2004

These regulations are explained in leaflets available from the Environment Health Division of the Council. Any food mobile selling open food must also be registered with the local authority.

Noise, music, funfairs

Any noisy activities such as funfairs or musical events should be positioned as far away as possible from nearby residential properties. Care also should be taken with the siting and orientation of any noise producing equipment.

Other considerations

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.

The consent of the local highway authority will be needed for any signs on lamposts, verges etc, and you may need separate advertisement consent from the Local Planning Authority.

Sunday trading

The provisions of the Shops Act 1950 apply to temporary markets. Traders may be in breach of this Act if they sell controlled goods on a Sunday. You should consult the Environmental Health Division of the Council to clarify the position.

What about parking and traffic?

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.

Should I tell the police?

There is no legal requirement to notify the police of your intention to hold a sale or market. They may, however, be able to advise you on the safety of traffic arrangements.