Car boot sales and temporary markets

To hold a car boot sale in Amber Valley you may need authorisation from Amber Valley Borough Council.

Amber Valley Borough Council is the market authority for Amber Valley and has certain rights in relation to any proposed market within six and two third miles of its existing markets at Alfreton, Heanor and Ripley (if the proposed market is within six and two third miles of Belper market, you should contact Belper Town Council, the market authority for Belper).

The council is entitled to protection from rival markets within those areas and has the right to take enforcement action, if necessary.

A car boot sale is considered to be a form of market. Accordingly, the council's market charter rights apply.

Eligibility criteria

Under the council's market charter rights it will consider all applications on their merit, but it has the right to object to a proposed market:

1. Which is not held for charitable purposes only;
2. Where retail traders are present and retail trade is involved; and
3. Where notice is not given (see Application Evaluation Process)

Application evaluation process

The council requires notice of a proposed market to be given in all cases (informally in the case of charitable car boot sales).

In addition, the council has adopted the provisions of Section 37 of the Local Government (Miscellaneous Provisions) Act 1982. These require any persons intending to hold an outdoor temporary market (including a car boot sale) and any occupier of land intended to be used for such a purpose to give the council not less than one month's notice of the proposed event. The notice must be in writing (including by electronic means) and contain the following information:

1. The full name and address of the persons intending to hold the market
2. The day or days on which it is proposed that the market shall be held and the proposed opening and closing times of the proposed market.
3. The site (accurately defined) on which it is proposed that it shall be held.
4. The full name and address of the occupier of the site if s/he is not the person intending to hold the market.

Failure to give such notice before holding a market or permitting land to be used for a market is an offence which is punishable on summary conviction with a fine of up to £2,500.

Do I need planning permission?

Under the provisions of the Town and Country Planning (General Permitted 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:

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

If the land in question is within the curtilage of a building (e.g. a pub or school car park), then planning permission would be needed for car boot sales, regardless of frequency, if they constitute a material change of use of that land.

If in doubt, please seek written clarification from the Planning Department, before proceeding with any planned events.

Traffic management / parking

Applicants should contact the Highway Authority (Derbyshire County Council) and Police well in advance of their event to organise traffic control and parking.

Advertising

All advertising material displayed in connection with a car boot sale must comply with the Town and Country Planning (Control of Advertisement) Regulations 1992 and Section 132 of the Highways Act 1980. Please note that the displaying of advertising signs on the highway or affixing them to structures, trees or works on the highway requires express consent.

Will tacit consent apply?

Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period, which is 28 working days from the date your application is received by the council.

How to apply

You can choose to apply online using the links below:

• Apply for authorisation to hold a temporary market, occasional sale or car boot sale
• Tell us about a change to your existing authorisation to hold a temporary market, occasional sale or car boot sale 

Contact the team directly on 01773 570222 or email lawandassets@ambervalley.gov.uk