Works on Roads, Paths, Driveways and Council Reserves

Works on Roads, Paths, Driveways and Council Reserves

What is the Road Reserve?

The road reserve is the Council owned section of land from one property boundary to the opposite property boundary on a road corridor. This may include Council assets such as nature strips, trees, footpaths, kerb and gutters, and the road pavement. This may also have the property owner’s assets such as a private drainage, footpath connection, driveway, or pipe crossings.

On local roads it is typically Council’s responsibility to maintain its road reserve infrastructure from one property boundary to the opposite property boundary on a road corridor.

Road Reserve Diagram

Under s7 of the Roads Act 1993, Councils are the owners and roads authority for state roads other than freeways and motorways. However, the Act also allows Transport for NSW(TfNSW) to exercise roads authority functions under s64(1) of the Roads Act to the extent necessary for the functioning of a road as a state road.Under s7 of the Roads Act 1993, Councils are the owners and roads authority for state roads other than freeways and motorways. However, the Act also allows Transport for NSW(TfNSW) to exercise roads authority functions under s64(1) of the Roads Act to the extent necessary for the functioning of a road as a state road.

On state roads it is typically Council’s responsibility to maintain its infrastructure within the section from the back of kerb/layback to the property boundary. TfNSW is responsible for the road pavement and kerb and gutter. This may differ from one location to the next.

The maintenance of major road infrastructure within the Penrith Local Government Area (LGA) is the responsibility of the State Government (Transport for NSW) rather than Council. This also includes the maintenance of traffic signals, school zones and 50km/h and regulatory signs on these roads. Transport for NSW has two contractors who maintain State Roads within the Penrith LGA on their behalf:

  • Ventia can be contacted by phone1800 577 411 or email: This email address is being protected from spambots. You need JavaScript enabled to view it. and are responsible for maintaining the following roads within the LGA:
    • Carlisle Avenue, Colyton (Roper Rd roundabout to Ropes Creek Bridge)
    • Part of Castlereagh Road, Penrith/ Regentville/ Glenmore Park/ Mulgoa/ Wallacia (from Great Western Highway/High St Penrith lights to Cranebrook Rd northern intersection)
    • Cranebrook Road, Cranebrook
    • Elizabeth Drive, Luddenham/ Badgerys Creek/Kemps Creek
    • Great Western Highway, Colyton – Emu Plains (Roper Rd to Russell St Emu Plains)
    • Londonderry Road, Londonderry
    • M4 Motorway
    • Mamre Road, Orchard Hills/ St Marys/ St Clair/ Kemps Creek
    • Mulgoa Road, Penrith/ Regentville/ Glenmore Park/ Mulgoa/ Wallacia
    • North Street/ Belmore Street/ Jane Street, Penrith
    • Park Road, Wallacia/ Luddenham
    • Part of Roper Road, Colyton/ Erskine Park/ Orchard Hills (Carlisle Avenue Roundabout Colyton to Erskine Park Road/ M4 Overpass)
    • Part of Russell Street, Emu Plains (Great Western Hwy Emu Plains to M4 Overpass)
    • The Northern Road/ Parker St/ Richmond Road (all through the Penrith LGA)
    • The Werrington Arterial (Gipps Street) Claremont Meadows (M4 to Great Western Highway)
  • Fulton Hogan can be contacted by phone 1800 568 981 (24/7 Information Hotline) or email: This email address is being protected from spambots. You need JavaScript enabled to view it. and are responsible for maintaining the following roads within the Penrith LGA:
    • Erskine Park Road Colyton/ Erskine Park/ Orchard Hills
    • Lenore Drive Erskine Park
    • Part of Richmond Road Londonderry (Bennett Road Londonderry to South Creek Bridge on Richmond Road).

Section 138 Roads Act Application Forms 

Under s138 of the Roads Act 1993 all proposed works within a road reserve require Council approval including the payment of fees and bonds. Below is a list of common works on, above, or under a road reserve that will require Council approval.

 Activity  Description  Application Form
 Driveway Construction Construction of driveways and footpath connections over the Council road reserve including kerb and gutter modifications.  Lodge Online
Road Reserve Occupancy Temporary occupation or closure of a road reserve for construction or events. Fill out form here
Road Reserve Opening / Excavation Surface or deep excavation of the road reserve, or the construction of temporary access.

Fill out form here via DBYD Permit Monitor

Fill out form here

Work Zones Dedicated right of access and parking allocation on a local road outside a development. Fill out form here
Temporary Structures Set up of temporary structures such as hoardings, scaffolding or site fencing over a public footpath. Fill out form here
Tower Crane Operations  For tower cranes on a development that have a slewing radius over Council land.  Fill out form here
Temporary Ground Anchors For temporary ground anchors that enroach under Council land. Mainly for basement construction. Fill out form here

The above approvals are also required in order to meet certain DA Conditions for approval by Council’s City Assets Department. Please note that Council’s Engineering Services Division also issue a Section 138 Roads Act Approval as a separate DA Condition for specific engineering works.

Complying Development Certificates (CDCs) must comply with Clause 136M of the Environmental Planning and Assessment Regulation 2000 and apply for a Roads Act Approval.Council assessments and approvals can take up to six (6) weeks to receive or longer if the Local Traffic Committee approval is required.

ItemDescriptionApplication Form
Infrastructure Restoration BondApplication to lodge a refundable bond to Council as part of a Development Application Condition to protect the road reserveFill out form here
Refund of Cash Bond or Bank GuaranteeApplication to request a refund of a security bond held by CouncilFill out form here

 

Please contact our Asset Management Business Support Unit on This email address is being protected from spambots. You need JavaScript enabled to view it. or on 02 4732 8030 to apply for a permit to conduct emergency works.

The most common type of emergency works are utility-related and most of the time require a Road Reserve Occupancy and/or Road Opening permit to be obtained.

Driveway Construction

A driveway is a structured surface that provides vehicular access between the road and the private property. As per Section 138 under the Roads Act 1993, all driveway contsruction will require approval from Council with all fees paid prior to commencement. All driveways are to be constructed to Council’s current Specifications. The following drop down menu will assist you in every step of the driveway construction process.

 

Firstly, a driveway application is lodged to Council online and fees paid prior to construction. The online application can be found above under Section 138 Roads Act Application Forms.

Once inside the portal, you can start your application by clicking on the ‘Submit application’ button on the left hand side options. Council does not assess your application – our first assessment will be during the initial (concrete pre-pour) inspection.

Driveways are to be constructed by accredited licensed contractors.

A second driveway may be approved by Council subject to consideration of site specific factors including development type, road heirarchy, street parking considerations, and other Council policies.

A driveway application is lodged to Council online and fees paid prior to construction. The online application can be found above under Section 138 Roads Act Application Forms.

Once inside the portal, you can start your application by clicking on the ‘Submit application’ button on the left hand side options.

You will receive an automatic email upon successful lodgement of a Driveway Application. The email serves as a Section 138 Roads Act approval to occupy and excavate the road reserve surface to facilitate construction of the driveway only over the Council road reserve.

A payment receipt does not serve as a form of any driveway approval. 

After you submit an application:

  1. You will receive an automated response via email with the application number. Please use this application number as a reference in any future communications with Council regarding the driveway.
  2. When the driveway is ready to pour, you are required to book an initial inspection by contacting Council’s Asset Management Department via phone on (02) 4732 8030 at the latest before 12PM one business day prior to the requested inspection date. Please allow sufficient time between the inspection and the pour for any required rectifications.
  3. You will then receive the results of the Initial Inspection via email:
    1. PASS – you are permitted to pour concrete following any additional conditions in the report.
    2. FAIL – you are not permitted to pour concrete until all issues have been rectified and another initial inspection booked.
  4. Council will automically book in a final inspection 2 weeks after the initial inspection has been approved.
  5. You will then receive the results of the final inspection via email:
    1. PASS – the driveway construction is approved by Council. Other road reserve conditions may be commented on as part of the overall development.
    2. FAIL – the conditions in the initial inspection were not followed or the final driveway does not comply and may need to be reconstructed and an initial inspection required to be booked again.

All driveways are to be constructed to Council’s current specifications. These are the some of the main items that may be assessed amongst other things during the inspections:

  • Appropriately sized steel reinforcing mesh installed on chairs
  • Dowels installed on the existing footpath to tie into the new driveway
  • Dowels installed on the driveway-layback joint
  • Dowels installed on the existing kerb & gutter to tie in to the new layback
  • Full kerb-height stormwater adaptors installed for new stormwater connections (usually built the same time as with the driveway on a new property)
  • Nature strip is backfilled, topsoiled and turf flush with the driveway level
  • Appropriate driveway width and that the driveway is perpendicular to the kerb line or is widening at equal angles outwards from the property bound
  • Driveway gradient is within tolerance limits
  • Sawcut and expansion joints where appropriate
  • Appropriate driveway width and that the driveway is perpendicular to the kerb line or is widening at equal angles outwards from the property boundary

For new driveways on state roads in an urban setting, TfNSW concurrence or approval of the layback will need to be provided to Council prior to the initial inspection date. It has been recommended that the layback be constructed first and inspected by a TfNSW representative to ensure that kerb & gutter gradients comply with TfNSW requirements.

For new driveways on state roads in a rural setting, TfNSW concurrence or approval will need to be provided to Council prior to construction.

TfNSW s138 Roads Act Permits and Road Occupancy Licences may need to be applied for as well.

Non-compliant driveways and unauthorised driveways will not be accepted by Council.

Council will accept no legal responsibility for claims arising from accidents to the public caused by aged, unauthorised, or badly constructed driveways.

Please lodge a driveway application online for the construction of a compliant driveway. The online application can be found above under Section 138 Roads Act Application Forms.

If you are reconstructing the footpath across the property frontage or conducting other works requiring excavation, a Temporary Road Opening Permit will be required as the driveway application only covers for the modification of adjacent infrastructure relevant to the driveway.

As a general rule, for new development areas listed but not limited to the below, only plain grey concrete driveways shall be constructed over the road reserve.

  • Jordan Springs
  • Caddens
  • Waterside
  • Mulgoa Rise
  • Glenmore Park Stage 2
  • Claremont Meadows Stage 2
  • Werrington (Settler’s Estate, Victoria St subdivision, and the new subdivision at the end of Chapman St)

Where a new development area already has an existing footpath network, the footpath (full panels) is to be removed where the driveway is to be installed.

For all other areas coloured and stencilled driveways are permitted.

Applications for the construction of pebblecrete driveways are no longer allowed due to varying safety and environmental reasons.

Residential driveways are a minimum three (3) metres wide and maximum six (6) metres, unless a Development Control Plan (DCP) requirement states otherwise. Below are the suburbs with DCP restrictions on the width of driveways.

  • Caddens – 4.5m max
  • Jordan Springs / Jordan Springs East – 4.5m max
  • Penrith CBD – 2.7m max for single lane crossing, 5.4m max for double lane crossing

Rural driveways are a minimum four (4) metres wide where it adjoins a local or regional road. Where driveways adjoin a state road the minimum width is six (6) metres.

If your approved granny flat requires direct vehicular access over the road reserve to the road which is separate to the existing driveway, a new Driveway Application is to be lodged with Council.

Council understands that some driveways in older suburbs or older streets may not comply to Council’s current specifications but may have been compliant at the time of its construction. Any new proposed works and/or upgrades on older existing driveways will need to meet the requirements set out in Council’s latest specification.

Footpath connections are treated similar to a driveway – they are the responsibility of the property owner to ensure they are well maintained and do not cause a public trip hazard. Council advises they be constructed at the same time as a new driveway and inspected simultaneously. Otherwise, a road opening permit will be required.

Please contact our Asset Management Business Support Unit on This email address is being protected from spambots. You need JavaScript enabled to view it. or on 02 4732 8030 and provide us with your proposal.

Council generally raises no objections to the existing kerb inlet pit being converted to a butterfly grate within the layback, subject to an additional kerb inlet pit being provided upstream to ensure sufficient inlet capacity is maintained in the roadway. This is a standard requirement for such requests.

The additional kerb inlet pit shall be located at least 1m away from the edge of the driveway.

All works are to be undertaken to Council’s specification and at the applicant’s cost. A Temporary Road Opening Permit will also need to be applied for and approved.

Council does not support the installation of kerb ramps and Council Rangers enforce fines on steel ramps and gutter guards when they are reported in accordance with Section 107 of the Roads Act.

Council does not support the installation of kerb ramps due to:

  1. Interference with water flow in drainage assets
  2. Creation of trip hazards in public land area
  3. Damage to infrastructure by the attachment method
  4. Damage to street cleansing equipment (brushes) on mobile sweepers
  5. Future maintenance issues with non-approved fittings.

A new Driveway Application shall be lodged for any modifications required on the layback.

Under s142 of the Roads Act, property owners are responsible and are empowered to maintain the driveway in good condition to ensure smooth passage of vehicles and pedestrians.

Road Reserve Occupancy 

As per Section 138 under the Roads Act 1993, any temporary road reserve occupancies/closures will require a permit to be obtained from Council with the appropriate fees paid prior to commencement. An appropriate Traffic Control Plan (TCP) shall be prepared by a qualified traffic management company and is to be lodged with your application. Council may also seek additional documents such as Traffic Management Plans (TMP), turning path diagrams and the like for more complex requests.

Any activity which impacts on the operational efficiency of the road/pedestrian network via occupation or closure of a road reserve to enable construction works or events.A road occupancy is separate to a road opening.

A Temporary Road Reserve Occupancy application is to be filled out and lodged to Council with fees paid prior to commencement. The online application can be found above under Section 138 Roads Act Application Forms

You will need to wait for an assessment from a Council Officer and approval can take up to six (6) weeks to receive or longer if the Local Traffic Committee approval is required. If the request is not complex the assessment can take up to ten (10) business days.

You are required to obtain approval from Council to occupy or close any local or regional roads via a Temporary Road Reserve Occupancy Application Form to be lodged with Council with all the relevant fees paid.

If your works require occupancy or closure of a state road, a Road Occupancy Licence is to be obtained from TMC. Please refer to this map in conjunction with the road schedule to determine the classification of the road your works are situated in.

You can also check Live Traffic NSW to view any scheduled works on state roads.

The below lists the State Roads within the Penrith LGA:

  • Carlisle Avenue, Colyton (Roper Rd roundabout to Ropes Creek Bridge
  • Part of Castlereagh Road, Penrith/ Regentville/ Glenmore Park/ Mulgoa/ Wallacia (from Great Western Highway/High St Penrith lights to Cranebrook Rd northern intersection)
  • Cranebrook Road, Cranebrook
  • Elizabeth Drive, Luddenham/ Badgerys Creek/Kemps Creek
  • Great Western Highway, Colyton – Emu Plains (Roper Rd to Russell St Emu Plains)
  • Londonderry Road, Londonderry
  • M4 Motorway
  • Mamre Road, Orchard Hills/ St Marys/ St Clair/ Kemps Creek
  • Mulgoa Road, Penrith/ Regentville/ Glenmore Park, Mulgoa/ Wallacia
  • North Street/ Belmore Street/ Jane Street, Penrith
  • Park Road, Wallacia/ Luddenham
  • Part of Roper Road, Colyton/ Erskine Park/ Orchard Hills (Carlisle Avenue Roundabout Colyton to Erskine Park Road/ M4 Overpass)
  • Part of Russell Street, Emu Plains (Great Western Hwy Emu Plains to M4 Overpass)
  • The Northern Road/Parker St/ Richmond Road (all through the Penrith LGA)
  • The Werrington Arterial (Gipps Street) Claremont Meadows (M4 to Great Western Highway)
  • Erskine Park Road Colyton/ Erskine Park/ Orchard Hills
  • Lenore Drive Erskine Park
  • Part of Richmond Road Londonderry (Bennett Road Londonderry to South Creek Bridge on Richmond Road).

It is the applicant’s responsibility to inform affected businesses and residents that is directly impacted by the road occupancy/closure/detours.

In some cases, the permit duration may need to be extended for a variety of reasons. Please contact our Asset Management Business Support Unit on This email address is being protected from spambots. You need JavaScript enabled to view it. or on 02 4732 8030 to arrange this.

Road Opening / Excavation 

As per Section 138 under the Roads Act 1993, any temporary road reserve openings, excavations, intrusive digging will require a permit to be obtained from Council with the appropriate fees paid prior to commencement. A bond may also be applicable.

Any destructive digging activity on the road reserve which impacts on Council’s assets such as the pavement, nature strip, verge areas, and footpaths.

A road opening is separate to a road occupancy.

A Road Opening Permit is required for the following disruptive activities:

  • Mechanical excavations
  • Manual excavations
  • Underbores / microtunnelling
  • Geotechnical investigative drilling / core holing
  • Slit trenching / pot holing
  • Constrution of new private stormwater
  • Temporary driveways

A Road Opening Permit Application is to be filled out and lodged to Council with fees paid prior to commencement. The online application can be found above under Section 138 Roads Act Application Forms.

Council’s current RO application process is lodged via the DBYD Permit Access system. Please head on over to DBYD and read through our step by step guide for the application process.

An approval document outlining the permit conditions will be provided via email.

All restorations are to be completed and compliant to Council’s current Specifications. Extent of restorations for concrete/paved areas are taken from construciton joint to construction joint. For asphalted areas the minimum restoration extent is taken 300mm from the edge of excavation at the widest point. Partial restorations of footpaths, driveways, kerb & gutter, and laybacks are not allowed.

The bond is calculated from the RO application using estimated quantities and the rates from Council’s latest Fees & Charges. The Applicant needs to ensure that the measurements are as accurate and honest as possible for Council’s assessment.

For footpaths and driveways this is taken as the minimum number of full panels to cover the works from construction joint to construction joint. Similarly, for kerb & gutter, and laybacks it is the lineal meterage from construction joint to construction joint.

For asphalt, a 300mm offset from the edge of excavation at the widest point is to be allowed for when calculating the area.

It is the responsibility of the applicant to claim the bonds. We encourage the claiming of your bonds from Council immediately after the completion the works. Council will conduct a final inspection to ascertain if the bond can be fully refunded or part of the bond is to be used for restorations.

Council is legislated to hold the bond for a maximum of 6 years to which afterwards Council will attempt one last time to contact the original bond payer using the existing contact details to claim the bond, otherwise it will be forwarded to Revenue NSW and Council will no longer be holding them. It is the bond payer’s responsibility to provide Council with the latest contact details.

Work Zones 

As per Section 138 under the Roads Act 1993, any temporary work zones will require a permit to be obtained from Council with the appropriate fees paid prior to commencement. Council may also seek additional documents such as Traffic Management Plans (TMP), turning path diagrams and the like for more complex requests.

A Works Zone is a dedicated right of access space which extends from the private property boundary up to the road shoulder. This space guarantees that the development has:

  • Parking allocation for contractors on a public road beside the development
  • Access for heavy plant and vehicle delivering or removing materials

A Work Zone application is to be filled out and lodged to Council with fees paid prior to commencement. The online application can be found above under Section 138 Roads Act Application Forms.

You will need to wait for an assessment from a Council Officer and approval can take up to six (6) weeks to receive or longer if the Local Traffic Committee approval is required.

Installation of Work Zone signs can take up to ten (10) business days after payment of fees.

Work Zones are enforceable by Council Rangers. If an unauthorized vehicle is parked in your work zone, please contact Penrith City Council Rangers on (02) 4732 7777.

A work zone is only to be used for dedicated site parking and continuous loading of a truck or vehicle. No skip bins or containers are to be stored in Work Zones or on the Council road reserve.

In some cases, the permit duration may need to be extended for a variety of reasons. Please contact our Asset Management Business Support Unit on This email address is being protected from spambots. You need JavaScript enabled to view it. or on 02 4732 8030 to arrange this.

Temporary Structures

As per Section 138 under the Roads Act 1993, any temporary protective structures over the road reserve will require a permit to be obtained from Council with the appropriate fees paid prior to commencement.

A Temporary Structure over the road reserve can be defined as protective systems such as hoardings, perimeter scaffolding systems and cantilevered scaffolding which are often utilised as a necessary part of development and maintenance activities.

A Temporary Structures Application is to be filled out and lodged to Council with fees paid prior to commencement. The online application can be found above under Section 138 Roads Act Application Forms.

Class A Hoarding – a fence consisting of a structural frame of timber or steel, clad with structural plywood sheeting and having a minium height of 2m that separates the worksite from the public.

Class B Hoarding – a prefabricated modular gantry design of steel framed overhead protective structures that forms an integrated overhead protective structure allowing pedestrians and bicycle riders to pass beneach. A full structural Class B hoarding may include a fence or structural plywood.

Temporary Fencing – a free standing, self-supporting fence panel system held together by couplers that interlock panels together making it portable and flexible for a wide range of applications. The fence panels are supported with weighted feet and are commonly constructed of either chain link or welded mesh.

In some cases, the permit duration may need to be extended for a variety of reasons. Please contact our Asset Management Business Support Unit on This email address is being protected from spambots. You need JavaScript enabled to view it.or on 02 4732 8030 to arrange this.

Tower Crane Operations 

As per Section 138 under the Roads Act 1993, any hoisting activities over the road reserve will require a permit to be obtained from Council with the appropriate fees paid prior to commencement.

An immobile crane erected on a stable pad consisting of two basic components – a vertical tower/mast and an oustretched jib. It can can rotate 360 degrees around the mast (this motion is often called slewing) and can lift materials from the road reserve to the required location on the job site.

A mobile crane such as a “Franna” is not defined as a tower crane.

A Tower Crane Operations application is to be filled out and lodged to Council with fees paid prior to commencement. The online application can be found above under Section 138 Roads Act Application Forms

The applicant must obtain approval from TfNSW if the crane’s slew radius is over a state road or any traffic light.

In some cases, the permit duration may need to be extended for a variety of reasons. Please contact our Asset Management Business Support Unit on This email address is being protected from spambots. You need JavaScript enabled to view it. or on 02 4732 8030 to arrange this.

Temporary Ground Anchors

As per Section 138 under the Roads Act 1993, any placement of temporary ground anchors encroaching under the road reserve will require a permit to be obtained from Council with the appropriate fees paid prior to commencement.

A temporary ground anchor is commonly used in construction as part of a retaining system when excavating a site for an underground carpark or basement to help prevent the excavation wall from collapsing. As the excavation process continues, temporary anchors are installed at regular intervals by drilling into the face of the excavation and grouting high tensile strand anchors into position.

Temporary ground anchors are designed to stay in place until the actual structural/building itself can self support the excavation walls. Once this happens, the temporary anchors are typically ‘de-stressed’ meaning they no longer provide support, and the anchor heads removed.

A Temporary Ground Anchor application is to be filled out and lodged to Council with fees paid prior to commencement. The online application can be found above under Section 138 Roads Act Application Forms

The application, fees and approval are only applicable for those temporary ground anchors that enroach on the Council road reserve.

Infrastructure Restoration Bonds 

An Infrastructure Restoration Bond (IRB) helps discourage the likelihood of damaging Council property or installing non-compliant items as a result of development works being carried out. It is a refundable bond lodged and paid to Council prior to any site works (including demolition works) starting, as a condition of development consent. The IRB is payable prior to the issue of a Construction Certificate or as part of a Complying Development.

Complying Development Certificates (CDCs) must comply with Clause 136M of the Environmental Planning and Assessment Regulation 2000 and apply for a Roads Act Approval.

An Infrastructure Restoration Bond application is to be filled out and lodged to Council with the associated bond amount and admin fees paid prior to commencement. The online application can be found above.

Please refer the bond calculation amounts below

 Development Works Bond Payable 

Select Minor Residential works up to $100,000 limited to:

  • swimming pools
  • sheds
  • car ports
  • awnings
  • retaining walls
  • minor house extensions and renovations only
$500.00

Residential building works under $500,000 but not limited to:

  • single dwelling construction
  • granny flats
  • demolitions
  • major excavations over 1m deep
  • major house extensions and renovations)
$2500.00
Residential building works (excluding medium/high density residential) greater than $500,0000.5 Value of Works Minimum $2,500

Development Bond up to value $500,000:

  • commercial
  • industrial
  • subdivision
  • medium/high density residential
$5,000

Development Bond greater than $500,000 including but not limited to:

  • commercial
  • industrial
  • subdivision
  • medium/high density residential

1.0% Value of Works
Minimum Bond $5,000
Maximum Bond $100,000

A bond refund application is to be filled out and lodged to Council which the online application can be found above. A final inspection will be conducted by Council prior to the return of the security bond.

In the case of an IRB, the term infrastructure refers to Council’s assets within a road reserve such as nature strips, trees, footpaths, kerb & gutters, and the road pavement.

Council will also assess the construction of the property owner’s assets in the road reserve such as kerb drainage outlets, footpath connection, driveway, and pipe crossings which may have been constructed as part of the development with high potential to leave damage to the road reserve if left non-compliant.

A pre-commencement prior damage / dilapidation report should have been submitted to Council along with the IRB application. If the damage is not recorded and Council has not been notified of the damage during construction, it is the applicant’s responsibility to make the repairs. All restorations are to be conducted to Council’s Specification.

It is the responsibility of the applicant to claim the bonds. We encourage the claiming of your bonds from Council immediately after the completion of the development prior to obtaining Occupational Certificate. Council will conduct a final inspection to ascertain if the bond can be fully refunded or part of the bond is to be used for restorations.

Council is legislated to hold the bond for a maximum of 6 years to which afterwards Council will attempt one last time to contact the original bond payer using the existing contact details to claim the bond, otherwise it will be forwarded to Revenue NSW and Council will no longer be holding them. It is the bond payer’s responsibility to provide Council with the latest contact details.

Utilities 

All private utility works engaged for private developments are to obtain Section 138 Roads Act Approval

Damage caused by Council or other public authorities such as service utilities undertaking works will be reinstated to pre-existing condition or better, however, matching like for like finishes cannot be guaranteed.

Jemena Gas

For gas faults and emergencies, call Jemena Gas on 131 909

Sydney Water

For water mains or wastewater mains leak, please call Sydney Water on 132 090

Telstra / NBN

For broken or damaged Telstra pit lids, call Telstra on 132 203 or report via their website.

NBN

For broken or damaged NBN pit lids, call NBN on 1800 687 626 (select option 1 followed by option 2) or report via their website.

Endeavour Energy

For emergencies, call Endeavour Energy on 131 003, or 133 718 for all others. For power outages, please report via their website.

Please fill out Endeavour Energy’s online form and have the following details handy:

  • Pole number
  • Address or name of Park or Reserve

Endeavour Energy will take up to 10 business days to replace the light bulb depending on factors such as access issues, location of pole, volume of traffic, excess vegetation, and weather conditions.

Frequently Asked Questions (FAQs)

Below are some of the most commonly asked questions that Council receives regarding matters in the road reserve.

Stormwater outlets cannot be situated within the layback. If an existing stormwater outlet needs to be reinstated as part of a driveway construction and was previously situated in the driveway, this will need to be redirected to discharge outside the driveway layback.

Galvanised full kerb height stormwater outlet adaptors are to be used for kerb & gutter profiles (example below). The inverts of all kerb outlets shall be 10mm above the invert of the gutter.

Council permits the use of evenly spaced galvanised RHS channels cut flush on the face of a rolled kerb. 100mm x 50mm RHS is not permissble as a stormwater outlet other than rolled kerb without prior authorisation.

It is the responsibility of the property owner to which these assets service to maintain and keep these infrastructure in a reasonably good condition.

It is the responsibility of the owners of the properties which the common drainage line (CDL) services to maintain and keep these infrastructure in a reasonably good condition.

Council do not own these CDLs. Council’s maintenance responsibility starts at the point of discharge which is usually at the interface where these CDLs connect to Council’s asset such as a stormwater pit.

If you believe Council trees have damaged the CDL, a CCTV footage showing the pipe internals from start up to the point of damage is to be provided to Council as evidence in the first instance.

Please contact our Asset Management Business Support Unit on This email address is being protected from spambots. You need JavaScript enabled to view it. or on 02 4732 8030 to arrange this.

You will need to provide the following details for new applications:

  • Utility type, diameter size and exact alignment of utility service
  • Any applicable utility licences
  • Method of installation

Full restorations are expected and shall be done to Council’s standards.

If there is a transfer of ownership of the utility service to another private entity then a new agreement should be applied for.

Council at-grade carparks are occupied for a variety of reasons such as for utility works, geotechnical investigations or events. Please contact our Asset Management Business Support Unit on This email address is being protected from spambots. You need JavaScript enabled to view it. or on 02 4732 8030 to arrange this. For longer term proposals a licence agreeement may need to be entered with Council.

Council generally does not support private garden beds or landscaping on the nature strip which is Council’s property. All nature strip areas are to be turfed for the full width except for the concrete footpath from the back of kerb to property boundary.

Why? This is because raised garden beds or landscaping in the nature strip is a Council liability. It can limit pedestrian access and obstruct access to utility services underneath.

If private property landscaping extends to the road reserve, the private property owner will need to seek prior Council approval. Please contact our Asset Management Business Support Unit on This email address is being protected from spambots. You need JavaScript enabled to view it. or on 02 4732 8030 to arrange this.

Residents and property owners are encouraged to mow nature strips regularly, maintaining them neat and tidy.

These are approved under Section 138 of the Roads Act. For queries regarding the installation of outdoor dining structures such as umbrellas, shade, or awnings, please call Council on 4732 7777 and ask for the Property Development department in the first instance.

Commonly Used Legislation Clauses 

Restoration of public road following excavation etc

  1. A roads authority may direct any person by whom a public road is dug up to restore the road to its previous condition.
  2. If a public road is damaged as a result of a leakage from, or breaking or bursting of, any object or work placed in, on or over the road, the appropriate roads authority may direct the person--
    1. who was responsible for placing the object or work in, on or over the road, or
    2. who has the care or control of the object or work, or
    3. whose act or omission caused the leakage, breaking or bursting, to restore the road to its previous condition.
  3. A direction under this section may specify--
    1. the manner in which or the standard to which, and
    2. the period (being at least 14 days) within which the direction must be complied with.
    3. Instead of giving a direction under this section, a roads authority may take such action as is necessary to restore the road to its previous condition.
    4. The costs incurred by a roads authority in taking action under this section are recoverable from the person referred to in subsection (1) or (2), as a debt, in a court of competent jurisdiction.
    5. Nothing in this section authorises a roads authority to recover an amount greater than that necessary to restore the road to its previous condition.

Liability for damage to public road

  1. A person who causes damage to a public road, or to any road work on a public road or any traffic control facility on a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of a declaration made under section 18 of that Act relating to all of the provisions of that Act), is liable to pay to the appropriate roads authority the cost incurred by that authority in making good the damage.
  2. If damage referred to in this section is caused by a motor vehicle or vessel, the owner and the driver of the motor vehicle or, as the case may be, the owner and the master of the vessel are jointly and severally liable for the damage.
  3. This section does not apply to ordinary wear and tear caused by reasonable use of a public road.
  4. This section applies to tollways and to private roads that are classified roads in the same way as it applies to public roads.

Repairs and maintenance of Crown roads

  1. A roads authority for a Crown road may, by written notice, direct a person who uses a Crown road, or part of a Crown road, to take specified action to repair or maintain the road or part if the roads authority is satisfied that--
    1. the road is not generally used for access by the public, and
    2. the person is someone who benefits from the use of the road.

Note: The roads authority for a Crown road is the Minister administering the Crown Land Management Act 2016 --see section 7 (2).

  1. A direction under this section must specify--
    1. the manner in which, or the standard to which, the direction must be complied with, and
    2. the period within which the direction must be complied with.
  2. The roads authority may vary or revoke the direction by a further written notice. 
  3. A person must comply with a direction given to the person.

: Maximum penalty (subsection (4))--

    1. for a corporation--200 penalty units and, for a continuing offence, a further penalty of 20 penalty units for each day the offence continues, or
    2. for an individual--100 penalty units and, for a continuing offence, a further penalty of 10 penalty units for each day the offence continues.

Roads authority may authorise certain other persons to carry out repairs and maintenance in non-compliance cases

  1. If a person does not comply with a direction given to the person under section 108, the roads authority may authorise government sector employees, contractors or other agents to enter the land concerned and carry out all or part of the specified action.
  2. The roads authority may recover the cost of that action from the person given the direction in any court of competent jurisdiction as a debt due by that person to the Crown.

Works and structures

  1. A person must not--
    1. erect a structure or carry out a work in, on or over a public road, or
    2. dig up or disturb the surface of a public road, or
    3. remove or interfere with a structure, work or tree on a public road, or
    4. pump water into a public road from any land adjoining the road, or
    5. connect a road (whether public or private) to a classified road, otherwise than with the consent of the appropriate roads authority. : Maximum penalty--10 penalty units.
  2. A consent may not be given with respect to a classified road except with the concurrence of RMS.
  3. If the applicant is a public authority, the roads authority and, in the case of a classified road, RMS must consult with the applicant before deciding whether or not to grant consent or concurrence.
  4. This section applies to a roads authority and to any employee of a roads authority in the same way as it applies to any other person.
  5. This section applies despite the provisions of any other Act or law to the contrary, but does not apply to anything done under the provisions of the Pipelines Act 1967 or under any other provision of an Act that expressly excludes the operation of this section.

Maintenance of works and structures

  1. A person who has a right to the control, use or benefit of a structure or work in, on or over a public road--
    1. must maintain the structure or work in a satisfactory state of repair, and
    2. in the case of a structure (such as a grating or inspection cover) located on the surface of the road, must ensure that the structure is kept flush with the surrounding road surface and that the structure and surrounding road surface are so maintained as to facilitate the smooth passage of traffic along the road, and the person is, by this section, empowered to do so accordingly.

: Maximum penalty--30 penalty units

2. Subsection (1) applies to all structures and works in, on or over a public road, including structures and works for which there is no consent in force under this Division. (3)

3. Subsection (1) does not apply to a person whose right to the control, use or benefit of a structure or work consists merely of a right of passage that the person has as a member of the public or a right of access that the person has as the owner of adjoining land

4. If-- 

    1. a roads authority has granted a consent under this Division to the doing of anything, and
    2. that thing has been or is being done otherwise than in accordance with the consent, the roads authority may direct the holder of the consent to take specified action to remedy any damage arising from the doing of that thing otherwise than in accordance with the consent.

Condition relating to payment of security

  1. This clause applies to a complying development certificate (CDC) authorising the carrying out of development if--
    1. the development is demolition of a work or building, erection of a new building or an addition to an existing building and the estimated cost of the development (as specified in the application for the certificate) is $25,000 or more, and
    2. the development is to be carried out on land adjacent to a public road, and
    3. at the time the application for the certificate is made, there is specified on the website of the council for the area in which the development is to be carried out an amount of security determined by the council that must be paid in relation to--
      1. (development of the same type or description, or 
      2. development carried out in the same circumstances, or 
      3. development carried out on land of the same size or description.
  2. A complying development certificate to which this clause applies must be issued subject to a condition that the amount of security referred to in subclause (1) is to be provided, in accordance with this clause, to the council before any building work or subdivision work authorised by the certificate commences.
  3. The security may be provided, at the applicant's choice, by way of-- (a) deposit with the council, or (b) a guarantee satisfactory to the council.
  4. The funds realised from a security may be paid out to meet the cost of making good any damage caused to any property of the council as a consequence of doing anything (or not doing anything) authorised or required by the complying development certificate, including the cost of any inspection to determine whether damage has been caused.
  5. Any balance of the funds realised from a security remaining after meeting the costs referred to in subclause (4) is to be refunded to, or at the direction of, the person who provided the security.

Vehicle Access to Council Reserve and Parks 

A Section 138 Approval is only applicable to Road Reserves.

If you need to temporarily access a Council reserve or park for non-recreational purposes such as works within the Council reserve or accessing through a Council reserve to an adjacent property or utility asset for works and/or deliveries – you will need to apply for a permit by completing this application form and paying the required application fees.

Once the application has been assessed, a Council Officer will then contact you for access details.

If you have any questions, please contact Council’s Parks and Open Spaces Officer on 02 4732 8030.

Report a Problem 

To report a problem to Council, including potholes or damaged footpaths, call 4732 7777 or fill in our pothole reporting form.

We work with a range of local and regional organisations as well as the Roads and Maritime Services and NSW Police to improve safety and awareness on our roads - see road safety or contact our Road Safety Officer on 4732 7556.