Works in the Road Reserve

Roads Act (RA) application, often referred to as a 'Section 138' is required when there are proposed works within the road reserve; most new property developments will require a vehicle crossing from the street to the property over Council’s verge (aka road reserve)

A road reserve is the section of land between property boundaries, divided by a road. This often includes nature strips, trees, footpaths, kerbs, gutters, and the road itself. In some cases, property owner assets such as driveways and water connection pipes or fittings may be included in a road reserve classification.


Works within the road reserve may include activities like:  

  • opening a road (digging in or creating a trench through or under a kerb or footpath)
  • erecting, removing or interfering with a structure, work or tree on a public road (includes using small and/or large machinery on a public road)
  • pumping water into a public road from adjoining land
  • driving any vehicle across a kerb or footpath
  • creating a temporary vehicle crossing
  • connecting a road (whether public or private) to a public road.

Obtaining an RA

To obtain a RA Consent, you will need to make an application through the NSW Planning Portal. Visit our submitting an application page for to view the steps required in this process.

The RA application will generally include: 

  • Site Plan including drawings of proposed works (these may be based on Council’s standard drawings for vehicles crossings modified to suite the existing situation).
  • relevant supporting documentation as indicated in the development consent.
  • details of any non-conforming designs and justification for proposing use
  • A Traffic Management Plan
  • Copy of Public Liability insurance