Driveways

Are you considering any of the following projects in the Cessnock LGA?

• Constructing or updating a driveway
• Connecting stormwater outlets
• Connecting utilities

If so, you must lodge a Section 138 (S138) Roads Act application via the NSW Planning Portal.

By ensuring a standard of construction through Council’s assessment and inspection process, we can:

• Minimise slip hazards
• Ensure footpaths are not adversely affected
• Prevent traffic issues by avoiding driveways too close to corners
• Maintain safe distances from power, water, gas, telephony, vegetation, and neighbouring properties
• Ensure driveways are built to last, providing long-term durability

There are three types of driveway access crossings:

• Concrete Driveway: Standard requirement for areas where there is existing kerb and guttering within the road formation.

>  Rolled kerb and gutter
>  Upright kerb and gutter

• Bitumen/Asphalt Driveway: Common in rural settings and urban areas without kerb and gutter connection.

• Gravel Driveway: Applicable only in areas where rural roads are unsealed and consist of a gravel formation.

When assessing a Section 138 application for a driveway, it is essential to include the minimum required information within the submitted plans. Council’s Standard drawings are available to assist in designing your driveway. The necessary driveway information to be submitted includes:

• A site plan indicating the location and proposed width
• Details such as thickness, concrete specifications, steel reinforcement, and connections
• Drainage measurements for Bitumen/Asphalt driveways
• The gradient from the road edge to the boundary
• The location of service pits, power poles, stormwater pits, trees, side boundary distances, and any other identifying features

Location Requirements

Specific safety requirements must be met when constructing a driveway, including sight distance in accordance with Australian Standards and offset clearance distance in accordance with Council’s guidelines.

Driveway Minimum Offset Distances

Minimum offset distances

Driveway Gradient

The gradient of the driveway is an important aspect of construction for several reasons:

• It ensures suitable ground clearance for vehicles, with the internal driveway designed to meet council’s crossover requirements
• It provides a suitable grade for the footpath across the driveway
• It facilitates adequate drainage measures.

1. Submit your application
   Applications must be submitted on the NSW Planning Portal. You'll need to provide:
   • Applicant details
   • Property address or lot and DP
   • Construction plans, including a site plan and cross-section
   • Public indemnity Insurance details
   • Traffic management plan
2. Assessment
   Once all required information and fees are received, Council aims to approve applications within 10 working days. If additional information is needed, we will request it via the NSW Planning Portal. Council will contact the applicant for payment of fees.
   
   
3. Approval
   An approval to carry out the work will be uploaded on the NSW Planning Portal and will include stamped construction plans as well as the applicable standard drawings. Contractors conducting the work are to have a copy of the stamped approval on-site for reference. It is the responsibility of the applicant and contractor to ensure the outlined conditions are followed.
   
   
4. Inspections
   A Council engineer will inspect the driveway prior to pouring concrete, or prior to works if constructing a bitumen crossover, to ensure compliance with Council’s specifications.

   The contractor may be asked to adjust construction works if the works are not compliant. A final inspection is also required to ensure the site has been remediated with no hazards evident.

Hold point inspections are as follows;

• Pre-pour Inspection: Must be booked before pouring concrete or prior to seal. You may nominate who should receive the result.
• Final Inspection: A compliance certificate will be issued to applicant only once works are considered satisfactory.
• Re-inspection: Additional inspection fees are applicable where construction is non-compliant.

Yes. Constructing or modifying a driveway involves work within the road reserve whereby consent is required from the road authority. Failure to obtain approval may result in non-compliance, requiring removal or reconstruction of the driveway at your expense.

Section 138 of the NSW Roads Act 1993 mandates the requirement of gaining consent from the roads authority for works within the road reserve, to ensure compliance with Australian standards and Council policies. This ensures that:

• Driveways are safe for vehicles and pedestrians,
• Driveways do not interfere with existing infrastructure, and
• Stormwater is managed appropriately.

A formal application must be submitted via the NSW Planning Portal. Once approval is granted, you can engage a contractor to undertake the work.

Guide to submitting an S138 Application

Council endeavours to process applications within 10 days, however this is subject to completion of information submitted.Applications requiring TfNSW concurrence may increase this timeframe.

• Construct and maintain your driveway to Council standards.
• Ensure your contractor is licensed and insured ($20m Public Liability).
• Before starting any work, check for underground utilities through Before You Dig or by calling 1100 (formerly ‘Dial Before You Dig’).
• Maintain a safe pedestrian environment.
• Implement sediment and erosion control.
• Any damage caused to utilities or Council assets must be rectified at your expense.
• Ensure safe management of traffic.

• A concrete driveway is required when the adjoining road pavement has kerb and gutter.
• A bitumen driveway is required where no kerb and gutter exists. 
• A gravel driveway is applicable on rural gravel roads.

Generally, residential properties are allowed one driveway. Additional driveways may be approved under certain conditions:

• Properties with multiple street frontages.
• Commercial/industrial properties requiring separate entry and exit points.
• Duplexes without a shared driveway.

Residential: Minimum 3m, maximum 5m at the kerb
Commercial: Variable width to suit the turning movement of the vehicle.

If your driveway crosses an existing concrete footpath, it may need to be removed and replaced to meet vehicle traffic standards. This will be determined during the application process and outlined in the consent. Any removal or damage to the footpath must be undertaken at the applicant’s expense.

You will need to submit an application to relocate your driveway. The old driveway must be removed and the area restored to its original condition. The drainage must match the style of drainage in the street, such as kerb and gutter where it exists.

• Driveways must be at least 1m clear of stormwater pits, electrical box, street signs, street trees and power or light poles.
• Modifying stormwater infrastructure is not permitted, though relocation may be considered at the applicant’s expense and subject to approval.

• Driveways must be located at least 1m from the outer trunk of a street tree.
• Council approval is required to remove or relocate a street tree. Any such works are subject to additional costs in accordance with Council's adopted fees and charges.
• To arrange for a quotation to relocate or remove a street tree, Council's Customer Service staff can be contacted on (02) 4993 4100.
• At no time is the tree to be relocated or removed by the applicant, owner or builder.
• If required, the tree must be replanted prior to commencement of works on driveway as per the council’s approval.

• Maximum longitudinal gradient across the Council footway: 2.5% over 2.5m (if no footpath exists).
• Non-standard gradients require site-specific designs and Council approval.

For more information regarding the gradient requirement, please refer to Cessnock City Council’s standard drawings.

Yes, Council will require inspections at different stages of construction to ensure compliance with approved standards. Your approval letter will outline the required inspections.

Generally, Council requires:

• an inspection to be completed prior to pour of concrete/bitumen
• a final inspection to check completion of works

If you construct a driveway without approval, you may be required to remove or reconstruct it at your expense to meet Council standards. Non-compliance could also result in fines.

The property owner is responsible for maintaining their driveway.

For more information or to apply for a permit, please visit the Cessnock City Council website or contact our Customer Service Centre on (02) 4993 4100.

Yes, approvals are valid for 24 months from the date of consent. 

No, parking on the footpath or crossover is not allowed.

A layback is a lowered kerb section for driveways. It is required for driveways with an upright kerb.

Any damage to public infrastructure must be reported and repaired at the owner’s expense.

You will need to consult with the utility provider to relocate or protect the service at your own expense.

Yes, fees are in accordance with current Council Fees and Charges.

Driveways on Classified Roads (Main Roads) require additional approvals from Transport for NSW.