Section 138 Applications – Information relating to Driveway Crossings and work within Council road reserves.
Following revision of State Government legislation, Council has recently updated the road opening applications policy.
Where works are proposed within the road reserve, formal approval must now be obtained from Council (as the Roads Authority and / or as required under Section 138 of the Roads Act 1993).
Works within the road reserve may include activities like erecting a structure, digging up or disturbing the surface of a public road to construct a driveway, removing or interfering with a structure, or any other activities as defined within the Roads Act 1993.
Section 138 Application Form (internal link).
Council’s procedure for accepting and processing Roads Act application is as follows:
1. A Section 138 Application must now be lodged with Council seeking approval for any work proposed within the road reserve. The following details must be submitted to Council in order to obtain the Section 138 approval:
2. An administration fee and inspection fee shall be paid at time of lodgement,
3. Upon lodgement of application, Council Staff will undertake a site inspection and assessment of the site,
4. In addition to an application, additional information may be required to address site specific matters,
5. Following a site inspection, if there are no matters of concern, Council will issue a Section 138 approval letter. The Section 138 approval letter will contain conditions of consent. Compliance with these conditions is essential.
6. Work must not commence until an approval letter had been issued by Council.
7. Notice must be given to Council at least 24 hours prior to the commencement of work.
8. Council staff must inspect form-work and reinforcement steel prior to pouring of concrete. Notice must be given to Council and an inspection shall be arranged at least 24 hours prior to pouring of concrete.
9. Any areas of disturbance adjoining the works shall be re-instated as soon as possible following completion of driveway/works. Any damage to council’s infrastructure such as; road pavement, footpaths, kerbs and gutters are to be repaired to Councils satisfaction.
For more information, contact:
Telephone: (02) 4868-0888 (8:30 am - 10:00am Monday to Friday only).