Roads Act approval to carry out works in a road reserve

You need to get approval for any works or activities in a public reserve, roadway or footpath (nature strip or verge). This is known as 'Roads Act' consent.

The steps below outline how to apply for roads act approval using the NSW Planning Portal.

Examples of works that need roads act approval

  • opening a road (digging in or creating a trench through or under a kerb or footpath)
  • erecting, removing or interfering with a structure, work or tree on a public road (includes using small and/or large machinery on a public road)
  • pumping water into a public road from adjoining land
  • driving any vehicle across a kerb or footpath
  • creating a temporary vehicle crossing
  • connecting a road (whether public or private) to a public road.

To apply for approval for a driveway, visit Driveways.

Gather your documents

You will need to provide the following:

  • Diagram or plan showing the location. 
  • Type and length of work proposed. 
  • For work involving overhead protective structures or ground anchors, provide a structural engineers certificate endorsing the drawings and engineering details supplied. Drawings must comply with current NSW Work Cover Authority codes of practice, relevant clauses of Building Code of Australia and Australian Standard, including sketch or plans. 
  • Evidence of public liability insurance for $20,000,000.00.

If the work involves traffic control you must provide: 

  • Certificate of Currency for workers compensation insurance covering the period of the planned traffic management. 
  • A Traffic Guidance Scheme developed by a qualified and licenced professional detailing layout of temporary signs and devices showing the traffic management arrangement. 

Once you have gathered all your documents, apply for roads act approval using the NSW Planning Portal.

Our process

Step 1.Download the NSW Planning Portal guide

Download the Quick Reference Guide - Submitting a Section 138 Application | NSW Planning Portal.

This guide will step you through the process of submitting a S138 Application.

Step 2.Submit your application on the NSW Planning Portal

  1. Create an account on the NSW Planning Portal
  2. Use the NSW Planning Portal to complete the online Section 138 Application (Roads Act).
  3. Upload all required documents and plans in the correct format. Refer to our Digital application requirements fact sheet for document format. Where we are required to fix any errors, further fees may apply.

Step 3.Council reviews the application

We will contact you if more information is needed. If the information is not submitted on time, or there is critical information missing, you may need to resubmit the application.

All correspondence will be through the NSW Planning Portal.

Step 4.Application accepted

An invoice will be sent to the nominated payee. Once payment is received, assessment of your application will start.

See Council's Fees and Charges

Step 5.Application approved

A notice will be issued that includes a number of conditions. These conditions will identify the stages that inspections need to be carried out. 

If fees are required for the placement of hoardings, you will be required to pay these fees prior to works commencing.