Gaining approval to build a driveway or other works on Council land
What to do before you start building
The construction of new driveways and other works on the road and footpath are not covered by forms of planning approval like Development Applications (DA), Complying Development Certificates (CDC) or Exempt and Complying Development (ECD) and require a separate approval from Council. Additionally, modifications or repairs to existing driveways also requires Council’s approval. Council is authorised to provide approvals for works external to the development site or property under Section 138 of the Roads Act 1993. These works are covered by Council's Driveways and Developer Funded Works Policy PDF, 113.47 KB.
It is important that an approval for these civil works is obtained prior to any excavation and/or construction commencing on public land.
The process for obtaining an approval from Council under Section 138 of the Roads Act 1993 is to submit a Civil Works Application Form PDF, 578.9 KB to Council for assessment. The approval for these civil works is to be obtained prior to any excavation and/or construction commencing on public land.
Note: If a driveway or other works are constructed on Council's nature strip or road reserve without a civil works approval, it may be removed by Council and the area restored at your expense.
If you are intending to proceed under a CDC and your development requires changes to Council’s land, then consent under S138 of the Roads Act is required before the CDC can be issued by the Certifier. This is to ensure that the development ties into the footpath, nature strip and road areas appropriately.
If your development requires changes to Council’s land and you are proceeding under a DA then the development consent will include conditions detailing the extent of works external to the site, the levels that the development is required to match along the boundary and the process for gaining approval for works external to the site. These conditions can only be satisfied by an approval gained from Council following the lodgement of a Civil Works Application Form.
The steps and options available for civil works on public land are outlined below. These include making payments and arranging inspections with Council. Please read the following information carefully prior to submitting your Civil Works Application Form PDF, 578.9 KB.
Council driveways in residential areas are to be of a plain white concrete finish. Faux brick, tiling and similar paving do not meet the requirements of Council's policy.
Step 1: Completing the application form
Once you have a planning approval for the internal car space, you may lodge the Civil Works Application Form (pdf 137KB). Please ensure that you complete all parts of the form before lodging the application with Council. Additional information that you may provide to explain or support the application will assist in the administration and processing.
Design of the works
You must attach a site plan confirming the location of proposed works and details of any structures or drainage lines proposed to be installed or adjusted within the road reserve. Council may seek amendments or additional information as well as Structural Certification. Council will provide typical construction details relating to driveways, kerbs, footpaths or drainage structures that may be required with our letter of approval.
If the works include a vehicular crossing (driveway) Council staff will survey the site and prepare a design. The design by Council will ensure that the crossing is designed so that the property can be accessed without scraping in accordance with Australian Standard AS2890.1. The design will also ensure that the design meets Council’s requirements with regards to other assets and road user groups that may be impacted by the work. Council charges a design fee for this service.
This fee is charged for all applications which include vehicular crossings, unless the scope is only to replace damage to an existing driveway that already meets the requirements of the standard and no design work is required.
Choice of contractor
The application provides you the choice of contractor to undertake the work.
Option 1: Construction by Council's contractor
This option is not available to developments which require other concrete works within the property. Council also recommends that applicants use their own contractor if the works are required to be completed prior to the issuing of an Occupation Certificate.
Randwick City Council obtains quotations from a list of Council nominated contractors. The cheapest quote is selected and the applicant is sent a letter detailing the cost of the proposed construction. This cost will also include work quality inspection fees.
When full payment is made by the applicant, the work is scheduled and the civil works are constructed under the supervision of a delegated Council officer.
Option 2: Construction by a contractor of your choice
Under this option, the applicant is sent the approved design and a letter of approval conditions. The letter also details the cost of the work quality inspection fees and a workmanship bond.
The applicant is then able to select a contractor of their choice, provided that they satisfy the following requirements:
- $10,000,000 public liability insurance cover
- Prior evidence of satisfactory workmanship
- Ability to comply with WorkCover and Work Health and Safety (Including Traffic Control in compliance with Australian Standard 1742.3 – Traffic Control for Works on Roads)
- Selected contractors must be capable of completing all works shown on issued construction plans including drainage, roadworks and soft landscaping to Council's specifications
Step 2: Lodging the application form
Once you have completed your Civil Works Application Form you will need to lodge it with the Customer Service Centre.
You will be charged an application and design fee as quoted on the form when lodging the application.
In order to request an on-site meeting regarding the design, please contact Council's Engineering Technical Officer on 9093 6922.
Step 3: Approval Letter
The application will be assessed once the form has been lodged at Council and the application fee is paid.
A letter will be sent to you detailing costs and other important information. The letter will also include approved drawings, sketch plans and construction details as required to depict the approved scope of work. It is important that you review the letter thoroughly so that you understand both the extent of work that is to be carried out and the conditions of approval.
Payment for the full amount can be made by cheque, bank cheque, EFTPOS, Credit Card or cash. Payments may be made in person at Council's Customer Service Centre at 30 Frances Street.
Note: At present, Council processes Civil Works Applications in approximately 15 to 20 working days.
Step 4: Constructing the driveway
Council will not permit the construction of the driveway on the road reserve until:
- Internal works are complete;
- The internal driveway has been constructed or formed up to the property boundary and to the correct levels;
- All building materials have been removed from Council's nature strip and roadway;
- Fees and bonds outlined in the letter of approval have been paid in full.
In the case that you have selected - Option 1, the work will be added to the contractor's work program upon payment of the fees nominated in the letter of approval. Council's delegated officer will manage the contractor and undertake necessary inspections to ensure that the works are completed in accordance with the design and to Council's standards.
In the case that you have selected - Option 2, once payment of the bond and work quality inspection fee has been made, you can liaise with Council's Engineering Technical Officer regarding the timing of inspections and details of the works.
Note: You should not pay your contractor any monies until Council has inspected the driveway and the work has been completed satisfactorily. It is the applicant's responsibility to ensure that all of the necessary Council inspections are arranged as required.
Step 5: Refunding the workmanship bond
If you have elected to use your own contractor, then you should write to Council at email@example.com to request a final inspection on completion of the works.
The email should include the following information:
- Application number
- Address where the civil works had taken place
- The full name of the original payer (person/company) who made the original payment of The Workmanship Bond
- The preferred method of received the refund:
- For Cheques, please provide the postal address of the original payer
- For Electronic Transfers, please provide the correct BSB number, account number and account name
The Workmanship Bond will be released once the works have been completed to Council's satisfaction.