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 (CC) 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:

  1. DA or CDC number.
  2. 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
  3. Public Liability Insurance – minimum cover of $20 million.

What is the associated cost involved?

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 is the application process with Council?

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.

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.

How to apply for Section 138

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

Contact Information

If you are experiencing any issues in the submission of your application, please contact Council on s138@campbelltown.nsw.gov.au