Car Boot Sales

What is the legal status of a car boot sale?

In law a car boot sale can be described as a market. In law a market is five or more stalls in a concourse.

Where can markets be held?

The use of land for holding a market does not fall within any defined use under the Town and Country Planning (Use Classes) Order 1987 and therefore constitutes development for which planning permission is needed.

What is a Charter Market?

Markets which have the benefit of a Royal Charter are granted protection from competition from other markets within a radius of six and two thirds miles. This protection can be preserved by way of an injunction taken out by the Charter holder.

What rules govern temporary markets?

The Town and Country Planning General Development Order (GDO) 1988 Part 4 Schedule 2, permits the holding of a market, on open land, for not more than 14 days in total in any calendar year. This schedule does not apply to land within the curtilage of a building. Permitted development rights only relate to the temporary use of land i.e. use on one day a week where on the intervening six days the land is clear and its character does not change. Such use is not to exceed 14 days in total in any calendar year.

Permitted development rights can only be removed by an Article 4 Direction under the GDO. An Article 4 Direction generally requires the Secretary of State’s approval and requires the developer to seek planning permission.

An Article 4 Direction would not prevent the land being used for a market but such use would then require specific planning permission.

What action can be taken if markets continue to be held in breach of planning controls?

An Enforcement Notice may be served when more than 14 markets have been held in one calendar year. However, an Enforcement Notice cannot take effect until at least 28 days after the date of service, and thereafter must specify the period allowed for compliance, which in the case of markets may be one day. Markets can therefore be held for another 29 days at least before the Notice has been breached and the holding of the market becomes an offence liable to prosecution. There is a right of appeal.

A Stop Notice may be issued at the same time as an Enforcement Notice.

A Stop notice has more immediate effect: not less than 3 days and not more than 28 days after the date of service. There is no right of appeal and a breach of its terms is an offence. If a Site Notice is served at the same time the Stop notice has immediate effect.

Injunctions can only be applied for when a breach of planning control has or is about to take place. An injunction is an equitable remedy and part of the evidence will need to address why the other remedies available will be of little or no effect. It will also need to address why the holding of a fifteenth market will be particularly damaging or inconvenient that immediate cessation is called for.

Keys to Action

Discuss options available in individual cases with local planning authority

Other Information

Town and Country Planning Act 1990 Section 172 (Enforcement and Stop Notices) Section 187B (Injunctions)

Local Government (Miscellaneous Provisions) Act 1982 Section 37 (one month’s notice to the Council of the intention to hold a market)

Environmental Protection Act 1990 Section 79 (statutory nuisance - Abatement Notice can be issued) Section 87/Section 90 (litter - Litter Abatement Notice can be issued).

 

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