Constructing your Driveway

What is a Section 138 Approval?

Section 138 of the Roads Act 1993 requires that Council consent be obtained for works within the road reserve. This includes new or replacement/amendments of existing driveways. This approval is necessary to ensure the work complies with Australian Standards and Council specifications and that the safety of all road users, including pedestrians and cyclists, are protected, both during and after construction.
Any works undertaken in Council’s Road Reserve without approval may be deemed a public liability or safety risk and may be removed.

Development Applications submitted and approved prior to March 2022 are also required to have a Section 138 Application submitted via the portal for review of the proposed driveway design. The payment of fees, if applicable, will be determined after submission on a case by case basis. 

No work associated with a driveway is to be carried out within the road reserve until a Driveway Application has been lodged with and accepted by Council.

The Application Process

Section 138 applications must be lodged through the NSW Planning Portal. For information on how to create an account and lodge an application, please click here.

All works are to be in accordance with Council's Driveway Specifications and Engineering Guidelines – Subdivision and Development Standards.

Please see Griffith City Council’s standard driveway drawings below for reference:
 


What Supporting Information do I Need to Submit with my Application?

When lodging your application online, you will be prompted to provide the supporting documentation below before your application can be submitted.
 
  • Local Risk Assessment and Traffic Management Plan
  • Detailed Design Plans – Driveway Design and Site Plan (template plans are available below)
  • Proof of Contractor’s Public Liability
  • Owner's Consent
  • Stormwater Pit in Driveway example 

TEMPLATES 
 
Timeframe for your Application
 
  • Lodgement of application and administration      2 days
  • Assessment with Engineer                                       10 days*
  • Survey Level Inspection                                             24 hours notice required
  • Final Inspection                                                           24 hours notice required

*Urgent applications may be able to be processed within a shorter timeframe however an additional urgency fee will apply.

After Lodgement and Inspections

Once the Driveway Application Form has been lodged with and accepted by Council, works can begin. The Applicant will be notified by letter via the portal.

The contractor is able to undertake preliminary works on site, including excavation, the placing of formwork and reinforcement.

Once the preliminary works are complete, the contractor is to arrange an inspection, with 24 hours notice by calling Council’s Customer Service Centre on 1300 176 077 prior to pouring concrete. Council’s inspector will visit the site and determine if preliminary works are satisfactory.

Should the works be approved, the contractor will be able to pour concrete.

Once the driveway has been poured a final inspection is to be be organised with Council.

NOTE: The contractor carrying out works within the road reserve MUST have their approval on hand in the event that a compliance check is carried out by a Council Officer.

What Fees are Payable?
Fees and charges will be assessed based on the proposed works to be carried out in accordance with Council’s Revenue Policy. For more information about fees or to obtain a quote for your driveway application, please contact Council’s Customer Service Officers on 1300 176 077.

For More Information
For more information or assistance regarding driveways contact Council’s Customer Service Centre on 1300 176 077 and request to speak with Council's Approvals Officer. 



 
Griffith City Council Websites