The provision and maintenance of a vehicular access driveway from the property boundary to the kerb and gutter or the edge of road seal is the responsibility of the property owner. However, any work undertaken by private owners on Council roads requires written approval.

Section 138 of the Road Act 1993 requires council consent for works on road reserves (local roads), which includes driveways, footpaths, retaining walls and gardens.

This process is necessary to ensure such works comply with the many Australian Standards and Policies that enable works to be safe and practicable for all road users, including pedestrians and cyclists.

It should be noted that driveways and other works placed in the road reserve without Council approval may need to be removed if deemed to be a safety or public liability risk.

How to Proceed

1. How to Proceed to apply for your Section 138 application
   1. Minimal documents that are required to lodge with your application are: owner’s consent, driveway plans, site plan, and public liability insurance for a minimum of $20,000,000.
   2. To lodge the application, refer to How to lodge an application electronically or here for information regarding the NSW Planning Portal (please make hyperlink)  Submitting a Section 138 Application (amazonaws.com)
   3. Council staff may contact you after inspecting the site and reviewing your plans; they may request more information or amendments. Submit these promptly. NOTE: Do not start work yet.
   4. Once formal Vehicular Accessway Construction approval letter is received by you, implement the safety devices and precautions outlined. Ensure all public utilities are adequately located and protected and then commence site excavation or filling. Ensure that you maintain site management controls as you progress.
   5. Prepare the driveway in accordance with Driveway specifications. Please consult the Driveway fact sheet for more details. When you are at least 48 hours away from the initial inspection (either pre-pour or pre-backfill), contact Council on (02) 6660 0300 and request an inspection of the driveway.
   • Pre-pour inspection: After formwork has been set up, sand bedding compacted, and reinforcing in place. i.e. ready to pour concrete.
   • Pre-backfill inspection: After the placement of pipes and excavation for headwalls, but prior to the installation of headwalls and backfill.
   1. Council’s inspector, on arrival, will check your work for compliance. You may either be advised to process with the driveway construction or be required to undertake alteration or additional work with the need for a re-inspection of the completed alteration or additional work prior to progressing.
   2. After a satisfactory preparation inspection, complete the driveway construction work, restore the footpath to its prior condition, and remove all surplus materials, barriers, and waste from the site. Council’s inspector will make a final inspection to ensure compliant completion.
   3. Once you have your final inspection, and all is compliant, you can reply for your bond refund.