Regulations

The Transport Act 2000 makes provision for Local Authorities to designate Home Zones and Quiet Lanes in their area.

DfT published its Quiet Lane and Home Zone Regulations in August 2006.  Authorities can now make Use and Speed Orders which determine the way the road is used.

Local Authorities can now implement "use orders" which allow roads to be used for "purposes other than passage" allowing local residents to define how they want to use their streets (ball games, parties etc).  Similarily the Regulations allow Authorities to introduce "speed orders" to set an advisory (lower) speed - 20mph or less - albeit this would not be enforcable.

In new developments, developers are urged to liaise closely with the local authority so that draft orders can be ready to publish as soon as the home zone is authorised. Buyers should be fully aware of the implications and advantages of living in a home zone.

Click here for advice on how to work with developers and for a guide 'information pack' for residents of new build home zones.

Commentary on Legal Framework in England and Wales

Clause (1) of the Section 268 permits local traffic authorities in England and Wales to designate any street or streets as a Home Zone, without restriction.

A home zone can be designated through a Council Resolution (eg via a report to Members or Executive Officers). Designation should be in place before work starts and before signs can be erected.

However, this in itself does not change the legal use of the highway within Home Zones. This is accomplished via Clause (2), which enables the Secretary of State (in England) and the National Assembly (in Wales) to bring forward regulations, which authorises local authorities to make “Use Orders” and “Speed Orders” for designated Home Zones.

The Use Order, defined in Clause (3), is the most significant new power as it permits activities other than the passage of vehicles to take place legally on streets. The accompanying notes to the Act define these activities as children’s play and other social functions. The DfT has consulted on the content of statutory guidance for designating Home Zones and on regulations for Use and Speed Orders with a view to the guidance coming into force in 2005/2006. You would be wise to follow the spirit of the consultation draft.

Clause (4) of Section 268 notes that it is not permissible for anyone to obstruct the street or to deny access to premises, and the movement and access function of the highway must be retained. This means that any use of the street must be reasonable and that there is no priority indicated between pedestrians or vehicles.

The intention of the legislative framework is to create streets where drivers no longer have the right to expect people, including children, to relinquish priority to vehicles. In Home Zones there is a right to drive and a right to use the street for purposes other than passage, and for all not to obstruct or deny reasonable access to premises.

The IHIE Guidelines propose the adoption of a 10mph target design speed within Home Zones, which is consistent with practice elsewhere in Europe. The notes to the Transport Act indicate that any speed limit below 20mph will require approval from the appropriate national authority, and it is not expected that speed limits of 10mph will be set for Home Zones.