Constructing your driveway
What is a Section 138 Approval?
Construction of new driveways and replacement/amendments to existing driveways must obtain Council consent under Section 138 of the NSW Roads Act 1993.
This approval ensures the work complies with Australian Standards and Council specifications and that the safety of contractors completing the works and all road users, including pedestrians and cyclists, are protected, both during and after construction.
A Section 138 Approval must be obtained prior to a Complying Development Certificate being issued by a Private Certifying Authority.
Any works undertaken in Council’s Road Reserve without approval may be deemed a public liability or safety risk and may be removed if the driveway specifications fail to meet Australian Standards and Council engineering guidelines.
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 Section 138 Approval Letter has been issued by Council's Approvals Officer.
Learn more about the Section 138 application process below.
For assistance regarding driveways contact Council’s Customer Service Centre on 1300 176 077 and request to speak with Council's Approvals Officer.
How do I apply for a Section 138?
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(PDF, 1MB).
All works are to be in accordance with Council's Driveway Specifications(PDF, 506KB) and Engineering Guidelines – Subdivision and Development Standards.(PDF, 1008KB)
Please see Griffith City Council’s standard driveway drawings below for reference:
- STD-RD-11 Residential driveway arrangement(PDF, 431KB)
- STD-RD-12 Heavy Industrial driveway arrangement(PDF, 425KB)
- STD-RD-13 Driveway arrangement with footpath(PDF, 551KB)
- STD-RD-14 Residential driveway with back sloping driveway arrangement(PDF, 485KB)
- STD-RD-15 Layback details(PDF, 355KB)
- STD-RD-16 Profile Limits(PDF, 637KB)
- STD-RD-17 Rural driveway with culvert arrangement(PDF, 401KB)
- STD-RD-18 Rural driveway with dish drain arrangement(PDF, 397KB)
- STD-RD-23 Standard Guidepost Details(PDF, 279KB)
- STD-RD-41 Driveway Plan Example(PDF, 212KB)
- STD-RD-42 Stormwater Pit in Driveway example
What supporting information do I need?
When lodging your application online, you will be prompted to provide the supporting documentation below before your application can be submitted.
- Local Risk Assessment
- Traffic Guidance Scheme
- Detailed Design Plans – Driveway Design and Site Plan (template plans are available below)
- Proof of Contractor’s Public Liability
- Owner's Consent
TEMPLATES
How long will driveway approval take?
- Lodgement of application and administration - 3-5 days
- Assessment with Engineer - 28 days*
- Survey Level and Formwork 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.
What happens after I've lodged my application?
The application will be assessed, and any further information or amendments required will be requested via the NSW Planning Portal.
Following assessment, the applicant will be issued with an approval letter, including acceptance, commencement and completion forms, as well as the approved plans, via the NSW Planning Portal.
The applicant must provide a copy of the approval letter to the contractor engaged to complete the works and a copy of the approved plans.
The Acceptance of Conditions Permit form and the Commence Works Notification form must be completed and returned to the Approvals Officer before any preliminary works commence.
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 organised with Council by providing the Completion of Works form via email.
NOTE: The contractor carrying out works within the road reserve MUST have the approval and approved plans 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.