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Home Zones Guidance Consultation

3 The Act and the Regulations

Transport (Scotland) Act 2001

3.1 Section 74 of the Transport (Scotland) Act 2001 provided the legal basis for the creation of Home Zones in Scotland. The Act empowers local authorities to create Home Zones for the following purposes:

• to improve the safety of persons using the road or any area in the vicinity of the road;
• to improve or preserve the environment through which the road runs;
• to improve the facilities provided on, or in the vicinity of, the road in such a way as to bring benefits to any persons using the road (not being persons using motor vehicles); and
• to any extent to implement their transport policies.

3.2 The Act requires local authorities to publish a report describing the measures they have employed to meet these objectives.

3.3 The Act allows Scottish Ministers to make regulations setting out the procedures that local authorities should follow when creating Home Zones. These comprise the Home Zones (Scotland) (No 2) Regulations 2002.

The Home Zones (Scotland) (No 2) Regulations 2002

3.4 The Home Zones (Scotland) (No 2) Regulations 2002, define a series of
steps that local authorities must follow during the creation of a Home Zone.
An overview of the procedure is provided here, though reference to the Regulations is recommended. Only roads that are Class C or unclassified and with a system of street lighting may be included within Home Zones.

Preliminary Consultation and Notification

3.5 The first step is for the local authority to notify its intention to create a Home Zone. The authority should prepare a notice defining the section of road to be included within the Home Zone and the measures that will be included within the scheme. The notice should be distributed to all residents, tenants and property owners within the proposed Home Zone and any other organisation or individual the Authority considers likely to be affected by the proposed scheme. All persons notified will then have the opportunity to comment on the proposals and the local authority must take these comments into consideration in developing the proposals further. It is anticipated that a dialogue will develop between the local authority and the community. This will help develop a scheme that has the support of local people as well as meeting the local authority's objectives.

3.6 Notification arrangements will be different for new build schemes. Although new build schemes which re-use existing sections of the public road network will require notification at the outset of the development process, schemes which do not involve the existing road network will require notification prior to adoption by the local authority.

Detailed consultation

3.7 The next step is for the local authority to consult other agencies and organisations that might be affected by the proposal. Depending on the scheme in question, consultation may be required with other local traffic authorities, the trunk road authority, public transport operators and the relevant Passenger Transport Authority. In addition to local residents and property owners, the local authority is in all cases required to consult the Scottish Ambulance Service, the Police, the fire authority, the Road Haulage Association and the Freight Transport Association. Consultees are required to make any representations within three months of the date on which the authority notified them.

3.8 The local authority must prepare a report on the consultation describing:

• those interests consulted;
• the comments and representations received; and
• how the local authority intends to reflect these views in the Home Zone proposals.

3.9 This report will be available for inspection at the authority's offices, at local libraries and in other locations the authority considers to be appropriate. It should also be sent to people who have made representations on the authority's proposals.

3.10 In the case of new build Home Zones, it is anticipated that the formal consultation processes associated with preparation of local plans and consideration of planning applications for Home Zone developments will meet these consultation requirements.

Publication of proposals

3.11 Once the Home Zone proposals have been progressed to reflect the consultation responses set out in the consultation report, the local authority is required to publish details of the firm proposals more widely. This should include a copy of the proposed Home Zone designation and a statement explaining why the local authority proposes to create the Home Zone. A map should show the extent of the Home Zone proposal including any vehicular restrictions and alternative access arrangements.

3.12 The local authority should publish a notice of the proposals in a local newspaper circulating in the area affected by the Home Zone proposal. Other measures may include the display of notices within the Home Zone and leafleting of residents and property owners within and adjacent to the Home Zone. Documents relating to the proposal should also be made available at the local authority's offices, in a local library and at any other places which the authority sees fit.

Objections

3.13 An 'objection period' will run for a minimum of 42 days from the formal publication of the Home Zone proposals.

3.14 Objections can be submitted to the local authority in writing within the specified 'objection period'.

Hearing objections

3.15 The local authority will be expected to discuss objections with relevant consultees with the aim of resolving them at this stage. In many cases this will be achieved by minor amendments to the scheme design.

3.16 Where objections have been lodged and cannot be resolved by negotiation the local authority must hold a public hearing. The hearing should be publicised within the proposed Home Zone area and via the local newspaper. All objectors who have not withdrawn their objections as a result of negotiation should be notified and provided with the opportunity to appear at the hearing or submit written representations. There is also provision for individuals and organisations who are not objecting to the proposed Home Zone to submit written representations for consideration at the hearing.

3.17 The Hearing will be conducted by an independent Reporter appointed by the Scottish Ministers. The Reporter will be responsible for setting the terms and conditions for the Hearing. Once the Hearing has finished, the Reporter will prepare a report and may make recommendations on the basis of the objections received.

Consideration of objections

3.18 Before making the Home Zone designation the local authority must consider the Reporter's recommendations. Where recommendations cannot be reflected in modifications to the proposals, and the local authority wishes to proceed with the Home Zone proposal, the authority must submit a report to the Scottish Ministers explaining why recommendations have not been acted upon. The Ministers' decision will take account of any report made by the Reporter and the report prepared by the local authority.

Designation

3.19 When the local authority has made the Home Zone designation it must give notice as follows:

• notification to the chief constable of the relevant police area;
• notification to those who have not withdrawn their objections explaining the local authority's reasons for proceeding with the Home Zone;
• publication of a notice in a local newspaper within 14 days of the designation; and
• provision of documents (including a map of the Home Zone and description of the measures to be employed) within local authority offices, a local library and any other place as the authority sees fit.

Reporting on the designation

3.20 The local authority is required to publish a report on the Home Zone within 12 months of its designation. Where implementation of the Home Zone is not completed within 12 months of designation, further reports should be prepared at intervals of no more than 12 months.

Existing Home Zone pilots

3.21 Home Zone proposals are currently being progressed in four pilot locations in Scotland _ Tillydrone in Aberdeen, the redevelopment of the former Royal Infirmary site in Dundee, the Caledonian area of Edinburgh and the Ormlie area of Thurso. Although the process of developing Home Zone proposals has already begun, it will be necessary for the relevant local authorities to comply with all parts of the Regulations if the pilot sites are to be able to be designated as Home Zones.

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