Driveway safety Building driveway Driveway access
Driveways (from the property boundary to the kerb and gutter) are the responsibility of the property owner. Any work by private owners on Council roads requires written approval.
Section 138 of the Road Act 1993 requires Council consent for works on road reserves (local roads), which includes driveways, footpaths, retaining walls and gardens. This ensures works comply with Australian Standards and Policies.
Driveways and other works placed in the road reserve without Council approval may need to be removed if deemed to be a safety or public liability risk.
Every year around 50 children are run over in the driveway of their family home in Australia.
Small children can be impossible to see from inside a car, especially if they are immediately behind it. It only takes an instant for a toddler to move into the path of a moving vehicle. Many of these deaths and injuries can be avoided.
Care should be taken by drivers reversing a vehicle in home driveways, on the street and in shopping centre car parks.
Read more about road safety and find further information on Kid Safe NSW, NRMA and Kids and Traffic.
Approval to build a new driveway
Before starting work on a driveway, you need a permit.
Approval for driveways is broken into 2 stages.
Stage 1 - Approval for the driveway itself
The portion of the driveway / parking area constructed on your land may require development approval. Some driveways may classify as exempt development:
If your driveway does not meet the requirements of the Exempt Development codes, you will need to lodge a Development Application.
Stage 2 - Approval to work in the road reserve
All driveways that are constructed within the road reserve (verge) require a Section 138 approval.
The portion of the driveway between the edge of the road and your property boundary needs approval from Council under Section 138 of the Roads Act 1993. This requires you to complete an Application for Driveway Access to Property (Section 138)(PDF, 197KB)
As you or your contractor will be working in a public road, Council has obligations to ensure this work is being done safely and to an acceptable standard.
As part of your Section 138 application, you will need to submit:
- Traffic and Pedestrian Control Plan prepared by a person holding a current SafeWork ‘Prepare a work zone Traffic Management Plan’ accreditation
- Evidence of Public Liability Insurance held to a minimum value of $20 Million
- Plans of the proposed works – see Standard Drawings
The NSW Department of Planning, Industry and Environment has a useful guide to the DA process.
Application for driveway access to property
- Download the Driveway Access to Property(PDF, 197KB)
- Read carefully and prepare the information requested. If you have a question call Council on 02 6670 2400.
- To lodge your application refer to New Electronic Lodgement System - No Hard Copies Required for Most Applications at: Development applications.
- Council staff may contact you after inspecting the site and reviewing your plans, they may request more information or amendments. Submit these promptly. Note: Do not start work yet.
- Once you receive formal approval (Notice of Approval to Construct a Driveway Access on a Public Road), implement the devices and precautions you nominated in your Work Safety Plan and Erosion and Sedimentation Control Plan. Make sure all public utilities are adequately located and protected and then start site excavation or filling. Ensure that you maintain site management controls as you progress.
- Prepare the driveway in accordance with Driveway Construction Specification(PDF, 62KB) which is provided with the Approval in (5) above. When you are at least 24 hours away from pouring concrete, and before ordering the concrete delivery, contact Council on 02 6670 2400 and request an inspection of the formwork and reinforcing steel.
- Council's inspector will check your work for compliance and may require you to alter the formwork and steel you have placed, or advise you to proceed with the concrete pour and issue a Preparation lnspection Certificate.
- After a satisfactory Preparation lnspection Certificate is issued, complete the driveway construction work, restore the footpath to its prior condition, and remove all surplus materials, barriers, and waste from the site. Council's inspector may make a final inspection to ensure compliant completion.
Also see Driveway Access to Property - Design Specification Policy(PDF, 310KB)
Once the application is approved you will be provided with a Notice of Approval to Construct a Driveway Access on a Public Road and any other conditions or requirements that are relative to your driveway.