Submitting an application under Section 138 of the Roads Act
Works on a Council road or footpath
To conduct any works or activities in a public reserve, public roadway, or footpath (nature strip) in NSW, consent under Section 138 of the NSW Roads Act 1993 is required.
This consent must be obtained from Council before the activity is undertaken and can be obtained through a stand-alone application or when lodging a development application (DA) through the NSW Planning Portal.
NSW Planning Portal Applicant Resources - How to Create an Account
NSW Planning Portal Applicant Resources - How to Lodge a Section 138
Click here for the NSW Planning Portal
Works associated with a DA
Driveway construction works or any works in the road reserve or hoarding require Section 138 approval as part of a Development Application (DA).
This approval can be obtained through a concurrent approval issued with the development consent by ticking the Section 138 approval box on the DA form.
If applying separately, a condition will be placed on the consent notice requiring a separate application form and fee to be submitted for assessment and approval before any works can begin on the site.
Works not related to a DA
Works in public areas that don't require a Development Application (DA) still require Section 138 approval under the NSW Roads Act 1993.
These include digging up or disturbing the surface of a public road, construction of a driveway entrance, landscaping the footpath area in front of residential homes, obtaining Traffic Control Plan (TCP) for cranes, detouring pedestrians, temporarily closing a road or part thereof, and erecting a hoarding.
To conduct any of these works, a Section 138 Application must be completed.