Working on the Road - Road Management Approvals (s138)

Working on a Public Roads

Section 138 of the Roads Act (NSW) requires that all work or activities undertaken within road reserves must have the Road Authorities consent prior to the work being undertaken.

All persons, companies or other authorities must obtain a Road Management Permit. In some cases a service authority may have exception under the Roads Act or agreements in place with Council. These exemptions and agreements are generally related to road occupancy and minor road opening works and may not extend to traffic management and road closure. The exemptions and agreements do not extend to servicing contractors undertaking service works for a private company or person.

The issue of a permit will depend on the type of occupation or works proposed. Council will only issue a Road Management Permit to a Contractor, person or authority that is suitably qualified or experienced to undertake the type of work proposed.

Road section sketch

Application for Road Management Approval

Credit Card Authorisation Form

Engineers Design Specification/Standard Drawings/Construction Specifications

Third Party Activities on Council Road Policy

 

 

Do I need a permit to construct my driveway?

Yes, constructing a driveway involves crossing Council land and a permit is required. This includes modifications to concrete laybacks, piped culvert entrances and footpath crossovers. The work will need to meet Council Design and Construction Specifications, these are located under the Road Reserve diagram on this web page.

Some driveway/crossover work may be part of a subdivision or other development. The following table contains examples of the type of Road Management Permit you may require. If you are still unsure of the type of permit required, please check with Council. 

Road Opening / Development Work
Event / Road Occupancy
Upgrading of Existing Asset
Assessed by the Development Engineer Assessed by the Traffic Engineer Assessed by Technical Officer - Works
(Works relating to a Subdivision or Development Application)   (Works relating to a Building Application)

  • Development road frontage works/kerb & gutter.
  • Road occupation.
  • Traffic management for development.
  • Connections to utilities services ie water within footpath.
  • Underbore roadway or Trenching for installation of utilities services eg sewer in road.
  • Staged occupation of road reserve eg footpath construction.
  • Road Opening for Utility Services
  • Enter/exit property under traffic control.
  • Temporary road closure.
  • Small scissor lift, crane/cherry picker
  • Placement of container.
  • Skip bin.
  • Temporary fencing or hoarding eg at shop front/façade.
  • Portable home relocation
 
  • Property Entrance (driveway)
           piped culvert

           kerb layback
           concrete dish drain
           footpath crossover

  • Connections to utilities services ie water within footpath.
  • Underbore roadway or Trenching for installation of utilities services eg sewer in road.
  • Staged occupation of road reserve eg footpath construction.
  • Road Opening for Utility Services

Property Owner

As the property owner, you are responsible for the cost, construction and maintenance of your driveway, including any modifications to the kerb and gutter. It is also your responsibility to ensure that any work performed meets Council’s current design and construction specifications and that the contractors performing work are aware of these requirements. It is your responsibility to contact ‘Dial Before You Dig’ by calling 1100 to check for any utilities and services, that may be affected by your excavations. 
You are required to contact Council to book inspections and notify when work is completed. 

What restoration and defect liability works am I responsible for?

The applicant will be responsible for restoration of the site until Council is satisfied that the standards have been met.

Who is responsible for safety and public road assets during work/ activity?

Any persons undertaking works/activities within the road reserve has a duty of care to ensure the safety of all affected persons, including motorists and pedestrians. Adequate safety systems, documentation and insurance should be implemented in order to avoid or manage an incident should an injury or property damage occur. The person undertaking the work/activity needs to be aware of their obligations to minimise the risk to themselves, the general public and Council. An essential part of the process is the provision of a fully compliant Traffic Management/Control Plan, which must be included with you application.

 

 

Certificate of Currency (for Insurance) 
The Certificate of Currency for Public Liability Insurance must be in the same name as the applicant, and be applicable for the construction work and/or other activity on or in the road reserve (Wollondilly Shire Council must be noted as an interested party).

Traffic Management

Traffic Management involves the preparation and selection of a Traffic Control Plan followed by the onsite implementation of the adopted plan’s requirements.

Traffic Management Plan (TMP):

To be prepared in accordance with Transport NSW's 'Traffic Control at Worksites Manual' to ensure proper control and regulation of traffic around a worksite

Traffic Control Plan (TCP):

Selection or design and implementation of TCPs must only be undertaken by qualified and authorised person/persons who have passed Transport NSW's approved training courses.

The TCP must include the name, certificate number and expiry date from the accredited person’s certificate.

Checklist for Applications relating to a Subdivision or Development:

  • Fully completed application form
  • The application fee
  • A plan showing the exact location of the proposed Road Works
  • Specifications of the proposed Road Works
  • Evidence of suitable public liability insurance
  • Traffic Management Plan or Traffic Control Plan
  • Two (2) references of the contractors work experience, or two written comments from the authorised person with contact details explaining about the proposed works.

Checklist for Applications relating to an Event/Road Occupancy

  • Fully completed application form
  • The Application fee
  • A plan showing the exact location of the proposed Works
  • Evidence of suitable public liability insurance
  • Traffic Management Plan or Traffic Control Plan
  • Notice for Public Assembly Approval from the NSW Police

Checklist for Applications relating to Property Entrance and Servicing

  • Fully completed application form
  • The application fee
  • A plan showing the exact location of the proposed Road Works
  • Specifications of the proposed Road Works
  • Evidence of suitable public liability insurance
  • Traffic control plan
  • Two (2) references of the contractors work experience, or two written comments from the authorised person with contact details explaining about the proposed works

Application Form

The application form is located under the  Road Reserve diagram on this website page. Your application of must be filled out completely and any supporting or required documents attached. As a minimum the application must detail the extent of any occupation or works proposed and may require detailed engineering plans to be provided. The application must be lodged with Council along with the application fee.

The Applicant

The applicant can be any person or company wanting occupation or works to be performed within the road reserve. This may be a private individual such as a land owner or a Contractor engaged to perform works on some ones behalf. In most cases the applicant will be the person or company wanting to occupy or work within the road. Where the applicant is not the person or company wanting to occupy or work within the road, they must nominate the Contractor who will occupy or work within the road.

 

The following information indicates Council’s processing fee for Road Management Approval Applications (Sec 138 Permits). Payment must be made when submitting your application to Council. Your application may be subject to additional fees when a Council Officer reviews your application, any additional charges must be made prior to the permit being issued. Please see the information below to determine the correct fee for your application.

A ‘Shift’ shall be considered as equivalent to a single day.

Fees associated with Road openings/works associated with Development Applications

  • Short Term Roadworks or Structures – Up to One (1) Shift – Fee $134.50
  • Medium Term Roadworks or Structures – One (1) to five (5) shifts – Fee $ 268.00
  • Long Term Roadworks or Structures – more than five (5) shifts – Fee $520.00 per week or part thereof and plus bond (i.e. $50,000.00 or 20% of the estimated value of works subject to the Section 138 permit, whichever is the greater amount).
  • Permit for events (non-roadworks) affecting public roads – Fee $268.00 

Fees associated with Road openings/works associated with Building Applications

  • Installation of Entrances (including 1 inspection)  $180.00
  • Additional Inspections  - $113.50
  • Road Opening/ Footpath Opening – Telstra, Water Supply, Drainage, Gas  - $147.50 

Payment methods include credit card, cheque, EFT or cash (in person at council chambers).  

If your application is subject to additional fees, a Council Officer will contact you with details of the additional payment required.

Schedule of Fees: In accordance with Council’s Fees and Charges for the 2019-2020 financial year. 

 

 

Who can carry out works on the Road?
Only a suitably qualified and licensed tradesperson, surveyor, civil contractor, traffic controller or service authority will be approved to occupy and carry out any works within the road reserve.
Council will assess each Contractor to ensure there is an appropriate level of Insurance, qualification, quality assurance and site management capability for the works being performed.

Important Information
  • You Must contact Council at least 72 hours prior to each inspection
  • All openings are to be made safe by the provision of barriers of secured metal covers for the duration of the opening.
  • All works require erosion and sediment control to be installed for the duration of the works.

 

Constructing a driveway involves crossing Council land and a permit from Council is required. This includes modifications to concrete laybacks, piped culvert entrances and footpath crossovers. The work will need to meet Council Design and Construction Specifications. There is a link to the Design Specifications/Engineers Standard Drawings/Construction Specifications under the Road Reserve diagram on this webpage.

Important Information
  • You must contact Council at least 72 hours prior to each inspection
  • All openings are to be made safe by the provision of barriers of secured metal covers for the duration of the opening.
  • All Works require erosion and sediment control to be installed for the duration of the works.

Step 1 

Plan the location and ensure plans meet Council requirements as detailed in Council Standard drawings 2016, these conditions can be found under the road diagram on this web page.

At this point you may obtain quotes and engage a preferred contractor. This person should have the expertise to interpret standard drawings and provide specialist information.

Step 2

Submit and pay for your application. Complete the Application for Road Management Approval Form. All supporting documents must be submitted with your application:

  • Fully completed application form
  • The application fee
  • At least one property owner must part sign Part 1B - Owner's consent on the Application Form
  • A plan showing the exact location of the proposed Property Entrance
  • Specifications of the proposed Property Entrance
  • Evidence of suitable public liability insurance
  • Traffic control plan (if required) 

 Step 3

Prepare for initial inspection. The property owner marks the edges/sides of the proposed entrance so the Council Officer can determine the suitability of the installation.  A minimum of 72 hours notice (three days) is required prior to each inspection. Once approved, construction may proceed.

Step 4

Prior to pouring concrete, the form-work and steel must be inspected to ensure it meets Council's Design and Construction Specifications. Once approved the concrete may be poured.

 Step 5

Applicant contacts Council for final inspection. Please ensure back filling is completed and site is tidy. Council Officer inspects the final work, if alterations are required a letter of Property entrance non-compliance is issued.

A Certificate of Property Entrance Compliance/Completion is issued when the property entrance meets Council’s construction and design requirements.

 

 

 

Applications including supporting documentation must be lodged at least ten (10) working days prior to the commencement of any works. Please ensure all required documentation is attached to your application to avoid unnecessary delays.

Applications that have a major impact on a road and/or the surrounding residents -

 (This includes applications for temporary road closures).Your application will need to be submitted to the Local Traffic Committee (LTC) for their review, any recommendations from LTC will be submitted to Council for approval. This process will take a minimum of eight (8) weeks.