Driveways and other works in the road reserve

Any work on Council’s road reserve requires the approval of Council under s138 of the Roads Act 1993. This includes any installation of, or alterations to, driveways, footpaths, kerb and gutter or stormwater systems; or undertaking filming or traffic control work.

It is important to note that driveways must comply with certain standards including gradients (slopes) to ensure that:

  • vehicles can access a property without scraping,
  • they integrate with Council’s footpaths levels, and
  • pedestrian and road safety is maintained.

 

Apply

Step 1.Determine the application type

There are two different application forms depending on the works proposed or approval required:

  1. Road and Footpath Opening Form(PDF, 216KB) – use this form to obtain Council approval for works associated with Complying Development; permission to undertake civil works, or road occupations (e.g. crane lifts, deliveries, traffic control and/or filming).
  2. Footpath Crossings, Driveways & Laybacks Form(PDF, 211KB) – use this form when you are ready to build the driveway and have an approved contractor appointed. 

Step 2.Check your works comply

Use our Driveway and footpath - Works procedure manual(PDF, 5MB)

Note that a s138 approval can only approve the portion of the driveway between the edge of the road and your property boundary (known as the 'road reserve', or sometimes referred to as the ‘verge’ or ‘nature strip’). The portion of the driveway/parking area on your land must have planning approval or be classified as ‘exempt development’.

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (referred to as the 'Codes SEPP') contains additional requirements that must be met to satisfy exempt development criteria:

Step 3.Submit your application

Send us your completed form via email to council@kiama.nsw.gov.au, or submit it over the counter at Council's Administration Building.

Please include all documents and attachments as required on the relevant form.

Step 4.Council contact you for payment

Once the application is received and assessed by Council, you will be contacted by Council’s customer service staff to arrange payment.