Driveways

If you are planning to modify or construct a driveway from your property boundary to the kerb, gutter, road or undertake other construction work in the road or nature strip area such as a new stormwater connection, under the Roads Act 1993 you are required to obtain Council approval by applying for a Section 138 Application before any construction work begins. 

This work includes:

  • Driveway access crossings
  • Stormwater connections
  • Utility connections

Apply online


Planning a project?

Apply for approval to carry out work on a public road, footpath, verge or nature strip that relates to a:

  • DA- Development Application 
  • CC- Construction Certificate 
  • CDC - Complying Development Certificate

This application form should also be used for new driveways or repairs to driveways for existing dwellings (these do not relate to a DA/CC/CDC). Under the Section 138 Application - Roads Act 1993 you must lodge an application through the online form.

Why apply?

By ensuring a standard of construction through Council’s assessment and inspection process, we can:

  • Minimise slip hazards
  • Ensure footpaths are not adversely affected
  • Prevent traffic issues by avoiding driveways too close to corners
  • Maintain safe distances from power, water, gas, telephony, vegetation, and neighbouring properties
  • Ensure driveways are built to last, providing long-term durability

Driveway assessment requirements

When reviewing a driveway application, the following documentation may be required to support your Section 138 Application:

  • A site plan indicating the location and proposed width
  • Details such as thickness, concrete specifications, steel reinforcement, and connections
  • Drainage measurements for Bitumen/Asphalt driveways
  • The gradient from the road edge to the boundary
  • The location of service pits, power poles, stormwater pits, trees, side boundary distances, and any other identifying feature

Location requirements

Specific safety requirements must be met when constructing a driveway, including sight distance in accordance with Australian Standards and offset clearance distance in accordance with Council’s guidelines.

Driveway minimum offset distances: 

Asset

Minimum Offset Distance
Signs, poles, street lights, trees, survey marks, stormwater inlet puts, and utilisty services such as pillars, boxes and puts 1 metre 
 Stormwater drainage connections

*No pipes should be placed under the driveways.
1 metre
Minor intersections, corner lots 6 metres from Tangent Point (TP)
Major intersections 18 metres from Tangent Point (TP)

Application process

Council administers the construction of new vehicle crossings, stormwater connections, or alterations to existing vehicle crossings under Section 139 of the Roads Act 1993.

Here’s what to expect after you lodge your application:

1. Confirmation
You will receive a notification letter and payment receipt.

2. Initial inspection
Council will assess the application and carry out the initial inspection.

3. Approval required
Construction must not start until formal approval has been issued by Council.
Note: Most applications attract inspection fees (refer to Council’s Fees and charges schedule). You will be sent an invoice for inspection fees with your formal approval from Council.

4. Booking your formwork inspection
When the formwork is ready, call 4645 4000 with a minimum 24 hours’ notice to book the inspection. Please ensure inspection fees have been paid before booking your inspection noted on your invoice.

5. Final inspection
A final inspection will occur within 5–10 days after the initial approval of formwork.

6. Certification
Once work is accepted, Council will issue a certification letter.


    Additional Information

    Fees and Charges


    Frequently Asked Questions

    Are S138 Applications required to be submitted through the NSW Planning Portal?

    Applications will no longer be accepted via the NSW Government Planning Portal. Instead, you can lodge them directly through Council’s website.

    Any applications lodged prior to 8 December 2025 via the NSW Government Planning Portal will be processed and determined in the Portal. This change comes in response to your feedback and aims to make the process clearer and easier. We remain committed to working with you to continually improve our services.

    Do I need approval from Council to construct my driveway?

    Yes. Constructing or modifying a driveway involves work within the road reserve, whereby consent is required from the road authority. Failure to obtain approval may result in non-compliance, requiring removal or reconstruction of the driveway at your expense.

    When do I need a Section 138 Application?

    Section 138 of the NSW Roads Act 1993 mandates the requirement of gaining consent from the roads authority for works within the road reserve, to ensure compliance with Australian standards and Council policies. This ensures that:

    • Driveways are safe for vehicles and pedestrians,
    • Driveways do not interfere with existing infrastructure, and
    • Stormwater is managed appropriately.

    How do I apply for an application?

    Section 138 Applications are applied online through Council’s webpage. Depending on the type of works you require, you will need to submit the application selecting the correct criteria for the application:

    Apply online

    Do I receive a receipt once my payment has been made?

    Yes. A receipt will be sent directly to the email address that the application was submitted under.

    Are inspections required during driveway construction?

    Yes, Council will require inspections at different stages of construction to ensure compliance with approved standards which may occur a n inspection fee. These fees are required to be paid before booking your inspection, you will be sent an invoice for inspection fees with your formal approval from Council.

    Generally, Council requires a hold point for inspections:

    • Pre-pour Inspection: Must be booked 48 hours before pouring concrete or prior to seal. You may nominate who should receive the result.
    • Final Inspection: A compliance certificate will be issued to applicant only once works are considered satisfactory.
    • Re-inspection: Additional inspection fees are applicable where construction is non-compliant.

    How many driveways can I have?

    Generally, residential properties are allowed one driveway. Additional driveways may be approved under certain conditions:

    • Properties with multiple street frontages.
    • Commercial/industrial properties requiring separate entry and exit points.
    • Duplexes without a shared driveway.

    What are the driveway requirements?

    Residential: Minimum 3m, maximum 6m.
    Commercial: Variable width to suit the turning movement of the vehicle

    What if my driveway crosses a footpath?

    If your driveway crosses an existing concrete footpath, it may need to be removed and replaced to meet Council driveway standards. This will be determined during the application process and outlined in the consent. Any removal or damage to the footpath must be undertaken at the applicant’s expense.

    Can I remove a tree to construct my driveway?

    • Council approval is required to remove or relocate a street tree. Any such works are subject to additional costs in accordance with Council's adopted fees and charges.
    • To arrange to relocate or remove a street tree, you can submit a request online.
    • At no time is the tree to be relocated or removed by the applicant, owner or builder.
    • If required, the tree must be replanted prior to commencement of works on driveway as per the council’s approval

    Tree Management

    Report a Council tree issue

    What are the driveway gradient requirements?

    Refer to Council's standard drawings located in the Application Terms and Conditions(PDF, 487KB)

    What happens if I build my driveway without approval?

    If you construct a driveway without approval, you may be required to remove or reconstruct it at your expense to meet Council standards. Non-compliance could also result in fines.

    Who is responsible for maintaining the driveway?

    The property owner is responsible for maintaining their driveway.

    Do driveway approvals expire?

    Yes, approvals are valid for 12 months from the date of consent. If your application approval expires, you will need to submit a new one.

    Can I park on my driveway crossover?

    No, parking on the footpath or crossover is not allowed. Refer to Illegal Parking for additional information.

    What is a layback, and do I need one?

    A layback is a the lowered and flattened section of a street's kerb and gutter that allows a vehicle to enter and exit a driveway. It is required for driveways with an upright kerb.

    What happens if I damage public infrastructure during construction?

    Any damage to public infrastructure must be reported and repaired at the owner’s expense.

    What happens if my driveway interferes with a utility service?

    You will need to consult with the appropriate utility provider to relocate or protect the service at your own expense.

    Does Council charge fees for driveway approvals?

    Yes, fees are in accordance with current Council fees and charges schedule and will be calculated as part of your application online.

    Fees and Charges

    What if my driveway is on a main road?

    Driveways on Classified Roads (Main Roads) require additional approvals from Transport for NSW.