Driveways (from the property boundary to the kerb and gutter and/or road edge) 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 all works on road reserves, 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 as it's classed as unapproved works within the road reserve.
Approval to build a new driveway
Before starting work on a driveway, you need a permit.
There are two main approval types for driveways.
1 - Approval for the driveway itself
The portion of the driveway / parking area constructed on your land may require development approval. Some internal driveways may classify as exempt development. If you are unsure you can speak with Council staff or visit NSW Legislation - Subdivision 14 Driveways and hard stand spaces to find additional information.
If your driveway does not meet the requirements of the Exempt Development codes, you will need to lodge a Driveway / access to property / all works within road reserve application.
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 a Driveway / access to property / all works within road reserve application.
Prepare the driveway in accordance with the Driveway Construction Specification(PDF, 142KB) and Driveway Access to Property - Design Specification Policy(PDF, 645KB).
Plans of the proposed works - see an example in Standard Drawings under S.D.017 or S.D.011 for rural driveways.
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 Application for Driveway Access to Property (Section 138), you will need to submit:
- Site plan
- Longitudinal section
- Steep slopes plan
- Work safety plan
- Owners consent
- Read carefully and prepare the information requested. If you have a question call Council on 02 6670 2400.
- Prepare the driveway in accordance with Driveway Construction Specification(PDF, 142KB).
- 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. Note: Do not start work until you have this approval.
Driveway / access to property / all works within road reserve application form