Section 138 applications

Application for consent for works & structures in/on a public road (Section 138)

Where works are proposed within the road reserve, formal approval must be obtained from Council (as the Roads Authority and / or as required under Section 138 of the Roads Act 1993).

Works within the road reserve may include activities like erecting a structure, digging up or disturbing the surface of a public road to construct a driveway, removing or interfering with a structure, or any other activities as defined within the Roads Act 1993.

Council’s procedure for accepting and processing a Roads Act application is as follows:

1. A Section 138 Application must be lodged with Council seeking approval for any work proposed within the road reserve. The following details must be submitted to Council in order to obtain the Section 138 approval: 

(a) A copy of approved design plans related to the development and/or proposed works to be undertaken, or, 

  • In the case of a standard driveway proposal not requiring specific design, see Councils standard drawings or alternatively  these are available at Councils Customer Service counter
  • Where a site specific design is required, design to be submitted with Section 138 application.

(b) An administration fee and inspection fee shall be paid at time of lodgement.

(c) A condition of approval will include requirement for a site specific Traffic Control Plan. The Traffic & Pedestrian Control Plan must comply with the RMS - Roads and Traffic Authority’s manual “Traffic & Pedestrian Control at Work Sites” and must be prepared and certified by a person holding the appropriate Roads and Traffic Authority accreditation.

(d) Insurance details – Public Liability Insurance to an amount of $AUS20,000,000, to be held by applicant / contractor undertaking the works.

2. Upon lodgement of application, Council Staff will undertake a site inspection and assessment of the site,

3. In addition to an application, additional information may be required to address site specific matters,

4. Council may conduct a site inspection, if there are no matters of concern, Council will issue a Section 138 approval letter. The Section 138 approval letter will contain conditions of consent. Compliance with these conditions is essential.

5. Work must not commence until an approval letter had been issued by Council.

6. Notice must be given to Council at least 48 hours prior to the commencement of work.

7. Council staff may inspect form-work and reinforcement steel prior to pouring of concrete. Notice must be given to Council and an inspection shall be arranged at least 24 hours prior to pouring of concrete.

8. Any areas of disturbance adjoining the works shall be re-instated as soon as possible following completion of driveway/works. Any damage to council’s infrastructure such as; road pavement, footpaths, kerbs and gutters are to be repaired to Councils satisfaction.

Further information

  • Council will generally attempt to process applications within 14 working days of lodgement of application.
  • An approval letter must be obtained prior to commencement of any work,
  • Where works are required within a Classified Road, the applicant must obtain concurrence from Roads and Maritime (RMS). Evidence of RMS concurrence shall be included in your application to Council for S.138 approval.
  • This procedure relates to work which is not a condition of Development Consent.
  • Council will carry out random audits where works are undertaken within the Road Reserve. Failure to comply with the conditions as outlined above will result in issue of a stop work order and issue of a penalty infringement notice.

If you have any enquiries about s138 applications associated with your development, please ring to speak with our Engineering (Development) officers on (02) 4429 3111.

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