Section 138 Applications
What is Section 138?
Section 138 under the Roads Act 1993 is the application for consent for works and structures in/on the road corridor. Section 138 is required for any works or activities within a public reserve, public roadway, or footpath (including nature strips or verges).
This approval is a prerequisite for obtaining a Construction Certificate for any new Development Application (DA) or Complying Development Certificate (CDC) prior to the commencement of construction.
Upon completion of construction, you will receive a Compliance Certificate from Council, which is required to obtain Occupation Certificate (OC).
When do I need to apply for a Section 138?
While conducting works in Road Corridor/Public reserve.
The Section 138 permit authorises various works, including:
- Driveway construction.
- Stormwater connection.
- Footpath construction/restoration.
- Pavement works, including kerb and gutter restoration.
- Utility services running under the nature strip/footpath, road (including road-footpath openings permits).
- Digging up or disturbing the surface of a public road.
- Connecting a road (whether public or private) to a classified road.
What information and documentation is required for lodging a Section 138 application?
This is what is generally is required for lodging a Section 138 application:
- DA or CDC number.
- Details of the works including construction plans.
Note: construction work must comply with Council Development Control Plan (DCP) Link to DCP as follows.
Campbelltown (Sustainable City) Development Control Plan 2015 - Campbelltown City Council
- Public Liability Insurance – minimum cover of $20 million.
What is the associated cost involved?
Once the application is received and reviewed by the Engineering team, an invoice will be sent to the applicant. Refer Council’s fees and charges on page 21 in adopted-2024-25-fees-and-charges.pdf(PDF, 2MB).
What is the application process with Council?
- After submitting your application via the NSW Planning Portal, the status will display as "Pending Lodgement."
- Initial Assessment : Within two weeks.
- Invoice: After satisfactory assessment applicant will receive invoice covering application and inspection fees via the NSW Planning Portal.
- Once fees are paid, the Portal status will be “Under Assessment”.
- Approval: If no inconsistencies or errors are identified, applicant will be advised via the NSW Planning Portal
How to apply for Section 138
All applications for Section 138, related to DA or CDC must be submitted through the NSW Planning Portal.
Before submitting your application, we recommend you read our guide on how to apply.
Download/Read the How to Apply for Section 138 Guide(PDF, 2MB)
Apply for Section 138 Approval
Other Permit Applications
Contact Information
If you are experiencing any issues in the submission of your application, please contact Council:
- Email: s138@campbelltown.nsw.gov.au
- Phone: 02 4645 4000