Lismore City Council
How to obtain Section 138 approvals
Works in a Council road reserve or footpath
Consent under Section 138 of the NSW Roads Act 1993 is required for any works or activities in a public reserve, public road way or footpath (nature strip). Section 138 of the NSW Roads Act requires that all activities undertaken within Council's road reserve be approved by Council prior to the activities being undertaken.
Section 138 approval can be sought from Council under two separate assessment processes. These two processes are either a stand-alone application or in conjunction with a development application (DA).
Works associated with a DA
If you wish to undertake driveway construction works or any works in the road reserve or hoarding as part of your DA, you can tick the Section 138 approval box contained within the DA form and a concurrent approval will be issued with the development consent.
Alternatively, if you want to apply for the approval separate to the DA, a condition will be placed on the consent notice requiring a separate application form and fee be lodged for assessment and approval prior to any works commencing on site.
Works not related to a DA
Works may be proposed in public areas that do not need to be associated with a DA. These are known as works on the public road reserve and also require Section 138 approval.
These works involve digging up or disturbing the surface of a public road, construction of a driveway entrance or any other activities as defined within the Roads Act 1993. This includes landscaping the footpath area in front of residential homes.
A section 138 approval is also required for some works that do not require excavation, digging up or disturbing the surface of a public road or footpath including TCP for cranes, detours of pedestrians and temporarily closing a road or part thereof and erecting a hoarding. For all of these works, please complete a Section 138 Application.
Vehicular Access Policy
This policy has been developed to ensure safety and accessibility for residents when entering or exiting properties on roads. The aim is to ensure that all vehicular access works are carried out to a satisfactory standard and adequately maintained by the property owner. This will assist Council in the effective and economic maintenance of our road network.
This policy is also ensures that any existing or unapproved vehicular accesses which are below standard are brought up to Council’s minimum standard and that they are maintained regularly and to Council’s required standard. This document primarily deals with the section of a driveway located between the edge of the roadway and the property boundary.
