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).

 How to apply for Section 138

All applications for Section 138, related to DA or CDC must be submitted through the NSW Planning Portal.

To apply for Section 138 approval, please visit: https://pp.planningportal.nsw.gov.au/development-and-assessment/additional-approvals-applications/section-138-approvals 

Road Opening Permits

Apply for a road opening permit. Approval is required when any excavation is being done within a road reserve to ensure that the work meets an appropriate standard and protects Council's assets.

Vehicle Crossing (Driveway) Permits

You need a permit to repair, widen or build a new crossover or parking bay.

Frequently Asked Questions

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 & documentation is required for lodging a Section 138 application?

List below is what 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?

Once the application is received and reviewed by the Engineering team, an invoice will be sent to the applicant. To refer Council’s fees & charges go to page 21  in the following PDF here:  adopted-2024-25-fees-and-charges.pdf

 

What is the application process with Council?

  1. After submitting your application via the NSW Planning Portal, the status will display as "Pending Lodgement."
  2. Initial Assessment : Within two weeks.
  3. Invoice: After satisfactory assessment applicant will receive invoice covering application and inspection fees via the NSW Planning Portal.
  4. Once fees are paid, the Portal status will be “Under Assessment”.
  5. Approval: If no inconsistencies or errors are identified, applicant will be advised via the NSW Planning Portal within two weeks.

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

 

 

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