Carry Out Works on Public Road including Driveways

Council approval must be obtained prior to any construction works within the road reserve. The road reserve begins at your property boundary and includes the footpaths, nature strips and the like.  Approval is required under Section 138 of the Roads Act.  These applications are to be lodged via the NSW Planning Portal. 

A Section 138 application is required for:

a. erect a structure to carry out work in, on or over a public road e.g., construct a retaining wall in the footpath area or construct a new driveway. A new driveway will usually only be permitted where it gives access to: 

  • garage, carport or hardstand area that has been approved as part of a development consent, or
  • an existing garage, carport or hardstand area

b. dig up or disturb the surface of a public road e.g., construct a drainage pipe from a private property to a Council stormwater pit;

c. remove or interfere with a structure or work on a public road e.g., adjust a traffic island to install a new driveway crossing in accordance with a development consent, and/or;

d. pump water into a public road from any land adjoining the road e.g., pump stormwater trapped in an excavation out to the kerb in accordance with a development consent.

Works on public roads are not limited to the examples above and you are advised to discuss your proposal with Council if you have any questions. Construction works on a public road must not commence until you receive an approval from Council. Please ensure you supply all required supporting documentation when completing the application in the NSW Planning Portal.

 

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