Section 138 approvals
Works in a Council road reserve or footpath
To conduct any works or activities in a public reserve, public roadway, or footpath (nature strip) in NSW, consent under Section 138 of the NSW Roads Act 1993 is required.
This consent must be obtained from Council before the activity is undertaken and can be obtained through a stand-alone application or when lodging a development application (DA) through the NSW Planning Portal.
Driveway construction works or any works in the road reserve or hoarding require Section 138 approval as part of a Development Application (DA).
This approval can be obtained through a concurrent approval issued with the development consent by ticking the Section 138 approval box on the DA form.
If applying separately, a condition will be placed on the consent notice requiring a separate application form and fee to be submitted for assessment and approval before any works can begin on the site.
Works in public areas that don't require a Development Application (DA) still require Section 138 approval under the NSW Roads Act 1993.
These include digging up or disturbing the surface of a public road, construction of a driveway entrance, landscaping the footpath area in front of residential homes, obtaining Traffic Control Plan (TCP) for cranes, detouring pedestrians, temporarily closing a road or part thereof, and erecting a hoarding.
To conduct any of these works, a Section 138 Application must be completed.
This policy ensures safety and accessibility for residents by ensuring all vehicular access works on roads are carried out to a satisfactory standard and maintained by the property owner.
It also ensures existing or unapproved accesses are brought up to the required standard and regularly maintained, this document primarily deals with the section of driveway between the roadway and the property boundary and aid the council in maintaining the road network effectively and economically.