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.
If your works are to be carried out on a state road (Princes Hwy or Snowy Mountains Hwy), you will need to contact TfNSW before undertaking any works.
Single or dual-occupancy residential dwellings - If the construction works or any works in the road reserve or hoarding are part of your DA, a concurrent approval will be issued with the development consent.
Alternatively, for all other DA’s, 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 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.
This procedure 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.
To view the procedure, visit our Public Policies page and search construction of vehicular corssings