Additional approvals for applications
Section 138 approvals
Applications under Section 138 of the Roads Act 1993
Consent under Section 138 of the Roads Act 1993 is required for any works or activities on a public reserve, public roadway, or footpath (including nature strips or verges).
For all unclassified roads and some classified roads, your local council is the consent authority. For other classified roads, Transport for NSW may also need to give approval.
To find out whether your proposed works are in the road reserve of a classified road, please review the NSW Road Network Classifications map.
The types of works requiring approval include, but are not limited to:
- opening a road (digging in or creating a trench through or under a kerb or footpath)
- erecting, removing or interfering with a structure, work or tree on a public road (includes using small and/or large machinery on a public road)
- pumping water into a public road from adjoining land
- driving any vehicle across a kerb or footpath
- creating a temporary vehicle crossing
- connecting a road (whether public or private) to a public road.
Please consult your local council for more information.
Driveway or vehicle crossing approval
In NSW, if you plan to build, repair, or modify a driveway or vehicle crossing, you will need approval from the roads authority before starting work. This approval is separate from a Development Application (DA) or Complying Development Certificate (CDC).
A driveway or vehicle crossing is the section that connects the public road to your property boundary, crossing the road reserve (including any council footpath or nature strip).
The roads authority is usually your local council, or in some instances, Transport for NSW.
When to apply for approval
The timing for your application depends on whether you’re lodging a DA or a CDC:
- DA: in most cases, apply after your DA is approved to ensure the plans are consistent. If you’re unsure, check your local council for guidance.
- CDC: apply before lodging a CDC. Some councils may require a two-step process under Section 138 for CDC works.
When applying, you will need to provide supporting documents. Requirements vary by council, but common documents may include standard drawings and engineering plans, contractor details, public liability insurance and the estimated cost of works.
How to lodge an application
- Check your local council’s website or contact them to confirm:
- who the roads authority is for your street
- the application process and whether you can apply online
- what documents you need to submit
- Prepare any required supporting documents
- Complete the correct application form and pay the fee, noting:
- form names vary by council – follow their guidance
- if your council offers online lodgement, you can apply on their website or through the NSW Planning Portal. Check the list below to see if your council is included.
Councils that accept online applications
Councils that accept online applications
ARMIDALE REGIONAL COUNCIL
BALLINA SHIRE COUNCIL
BEGA VALLEY SHIRE COUNCIL
BELLINGEN SHIRE COUNCIL
BERRIGAN SHIRE COUNCIL
BLAND SHIRE COUNCIL
BLAYNEY SHIRE COUNCIL
BOGAN SHIRE COUNCIL
BYRON SHIRE COUNCIL
CABONNE SHIRE COUNCIL
CENTRAL DARLING SHIRE COUNCIL
CESSNOCK CITY COUNCIL
CITY OF PARRAMATTA COUNCIL
CLARENCE VALLEY COUNCIL
COOLAMON SHIRE COUNCIL
COWRA SHIRE COUNCIL
DUNGONG SHIRE COUNCIL
EUROBODALLA SHIRE COUNCIL
FAIRFIELD CITY COUNCIL
FORBES SHIRE COUNCIL
GLENN INNES SEVERN SHIRE COUNCIL
GREATER HUME SHIRE COUNCIL
GRIFFITH CITY COUNCIL
HORNSBY SHIRE COUNCIL
JUNNEE SHIRE COUNCIL
KEMPSEY SHIRE COUNCIL
KYOGLE COUNCIL
LISMORE CITY COUNCIL
LIVERPOOL PLAINS SHIRE COUNCIL
MID-WESTERN REGIONAL COUNCIL
MOREE PLAINS SHIRE COUNCIL
MURRAY RIVER COUNCIL
MURRUMBIDGEE COUNCIL
MUSWELLBROOK SHIRE COUNCIL
NARRABRI SHIRE COUNCIL
NARROMINE SHIRE COUNCIL
ORANGE CITY COUNCIL
PARKES SHIRE COUNCIL
QUEANBEYAN-PALERANG REGIONAL COUNCIL
SNOWY MONARO REGIONAL COUNCIL
TAMWORTH REGIONAL COUNCIL
TEMORA SHIRE COUNCIL
THE COUNCIL OF THE MUNICIPALITY OF KIAMA
PORT MACQUARIE-HASTINGS COUNCIL
RICHMOND VALLEY COUNCIL
SHOALHAVEN CITY COUNCIL
UPPER HUNTER SHIRE COUNCIL
URALLA SHIRE COUNCIL
WALCHA COUNCIL
WALGETT SHIRE COUNCIL
WARRUMBUNGLE SHIRE COUNCIL
WINGECARRIBEE SHIRE COUNCIL
YASS VALLEY COUNCIL
Councils that accept online applications and are not currently listed should contact us.
Frequently asked questions
I have my driveway/vehicle crossing approval – what happens now?
I have my driveway/vehicle crossing approval – what happens now?
Council will confirm your approval and outline any conditions, instructions, and timeframes.
You may need to book inspections at different stages of construction. Check your local council’s website for details on requirements, booking inspections, and guidance.
My driveway/vehicle crossing application is taking a long time to process. What can I do?
My driveway/vehicle crossing application is taking a long time to process. What can I do?
Contact your local council to confirm that all required information and documents have been provided. They can explain the reason for the delay and advise on next steps.
The Department is working with road authorities to streamline approvals for driveway crossings under section 138, aiming for faster and more efficient processing in the future.
Resources
Resources
- Works in the road reserve: Regulatory guidance page for developers, contractors, utility companies, and property owners who need to perform any construction, installation, or modification work in public road reserves in NSW.
- NSW Road Network Classifications: An interactive map that shows the current state and regional roads in NSW.