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Section 138 Approval

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.

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.

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. 

Works associated with a DA

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 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 Traffic Guidance Scheme 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.

Construction of vehicular crossings procedure

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

How to apply for a Section 138


  • Step 1 - Create an account

    Prior to completing the application form, if you don’t already have an account you must create an account on the NSW Planning Portal.

  • Step 2 - Apply using the NSW Planning Portal

    Go to the NSW Planning Portal and complete the online application for a Section 138.  For a stand-alone application select New then ‘Roads Act, if connected to an existing DA/CDC start process by selecting ‘Request related application’.

     Refer to the Quick Reference Guide for assistance.

  • Step 3 - Upload required documentation

    The NSW Planning Portal will define certain required documents that must be uploaded to the application. There may however be additional documents required by council that you can also upload to your application. Contact your local council or visit their website to find out the required information you must include with your application.

    Please complete and upload Council's Section 138 Certificate for works carried out within a Council Road Reserve

  • Step 4 - Lodged for review

    Once the application is submitted through the Portal, an initial review will be carried out to check the information provided is sufficient for Council to accept. 

    Where it is identified that further information is required before the application can be accepted, an officer will contact the applicant to request the further information or clarification. Once adequate information is provided, the application can be accepted.

  • Step 5 - Application is sufficient and ready to be accepted for assessing

    When the application has been reviewed and considered ready for lodgement, fees have been paid, application registered, Council can commence assessment.

    Officers will contact the applicant if further clarification is needed.

 

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