You need a Council permit before you start works on driveways and other parts of the road reserve.

Below are the steps you need to take to get approval from Council.

Driveways, from the property boundary to the kerb and gutter, are the property owner’s responsibility.  

Driveways without Council approval may need to be removed if they are a safety or public liability risk. 

As you will be working in a public road, we must ensure it is being done safely and to an acceptable standard. 


Step 1.Check approval for the driveway

The portion of the driveway or parking area constructed on your land may need development approval. Some driveways may be classed as 'exempt development'.

  1. Check if your works are Exempt Development for driveways by visiting Driveways, pathways and paving on the Department of Planning and Environment Planning Portal.
  2. If your driveway is exempt development, you need to apply for a Section 138 approval using the NSW Planning Portal. Continue through the steps on this page.

If your driveway does not meet the Exempt Development codes, you will need to lodge a Development Application.

Step 2.Complete the Driveway Application Checklist

This will help you gather all the supporting documents and plans you need to provide with your Section 138 Application on the Planning Portal.

Step 3.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). The Quick Reference Guide for submitting an application under Section 138 steps you through the process. 
  3. Upload all required documents and plans in the correct format. Refer to the Digital application requirements fact sheet(PDF, 494KB)

Step 4.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.

Step 5.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 6.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.

Step 7.Inspection

Book a final inspection when works are finished.

Application checklist

All vehicle crossings (driveways) that are to be built across public land must be designed and constructed in line with Council standards and specifications.


  1. Construction plans, including identifying how stormwater will be disposed.
  2. Design statement of certification that works will be completed to relevant legislation.
  3. Traffic Management Plan for works within the roadway.
  4. Compliance Certificates (where applicable).
  5. Demonstrate compliance with Development or Complying Development approval (where applicable).
  6. Signed acknowledgement that payment of application and usage fees are applicable and will be paid.
A completed checklist must be uploaded to the NSW Planning Portal with the required plans and documentation.


Download a Driveway Application Checklist(PDF, 104KB)

Planning Portal Guides

For help using the online service, view the Department of Planning, Industry and Environment’s How To Guide or contact Service NSW on 1300 305 695 for support.

How to register for a Planning Portal account