Driveways

It is always best to assume you need some form of approval until you can prove that you don't.

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 safety is maintained.

Do I need approval?

Certain minor building renovations or works are categorised as 'exempt development', meaning they do not require planning approval.

All exempt developments must still meet the National Construction Code (NCC) as well as the requirements for adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licenses, permits and authorities.

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:

The NSW Government has more information on exempt development on the NSW Planning Portal.

Please note: You will require Council approval under Section 138 of the Roads Act 1993 for the portion of the driveway between the edge of the road and your property boundary (the 'road reserve'), even if the development inside the bounds of your property is exempt.

Obtaining approval to work in the 'road reserve'

The portion of the driveway between the edge of the road and your property boundary (known as the 'road reserve') needs approval from Council under Section 138 of the Roads Act 1993. As you or your contractor will be working in a public road, Council has obligations to ensure this work is being done safely and to an acceptable standard.

All s138 applications must be made through the NSW Planning Portal

As part of your Section 138 application, you will need to submit:

  • a traffic and pedestrian control plan, prepared by a person holding a current SafeWork ‘Prepare a work zone traffic management plan’ accreditation
  • evidence of public liability insurance held to a minimum value of $20 million
  • plans of the proposed works – see Council's Standard Drawings (footway crossings, laybacks and footpaths) for examples.

If a proposed development does not satisfy all the above conditions, you will need to lodge a development application with council to seek approval.

I need a DA. What do I do?

The steps below will guide you through the process of applying for a DA.

What documents do I need?

Before you can begin the application process, there are a number of documents you will need to prepare. Some of these documents may take time to obtain or complete, so make sure you plan ahead when preparing to lodge an application.

Click on the title of each document below to learn more about what they involve, and how to prepare each of them for your application.

Please note: These are the minimum required documents for lodgement. Site constraints such as bushfire, flood, coastal erosion, heritage, etc. will require additional documentation to be supplied.

Erosion and sediment control plan

A plan providing details of how the site will be managed to prevent stormwater pollution, erosion and sedimentation. Show the following details:

Basic site information

  • north point (true north)
  • scale (show ratio and bar scale);
  • date, plan number and name of person who has prepared the plan;
  • contours – initial and final; and
  • existing and proposed boundaries.

Construction details

  • ‘site’ or ‘disturbed area’;
  • location of stockpiles and secure chemical storage area;
  • location of temporary and permanent soil and water management controls; and
  • vehicle access point/s.

Stormwater management

  • location of drains, downpipes, pits and watercourses;
  • proposed integration with on-site detention/infiltration;
  • and
  • stormwater discharge point (if proposed).

Major projects

  • details on staging of works;
  • location of any vegetation to be removed; and
  • proposed re-vegetation program.

Please note: Please refer to and address Shoalhaven Development Control Plan 2014 – Chapter G2: Sustainable Stormwater Management and Erosion/Sediment Control in the Statement of Environmental Effects.

Owners consent

To lodge a Development Application (DA), you must obtain consent of the landowner, which includes the signature of every landowner.

If the owner is a company or owner's corporation, the application must be signed by a person under the common seal.

If your property is a strata unit and you are proposing development beyond your entitlement, you will need to get the approval of the owner's corporation.

If you have recently purchased the property, Council may not have received formal notice of the sale, and the former owner will be the listed on Council's records. You will need to provide Council with a copy of the transfer of sale or a letter from your solicitor advising ownership has changed.

Download and complete the owners consent form

Site analysis plan

A site analysis plan is required to include:

  • north arrow, Legend, and scale bar
  • lot number, deposited plan number, and street address
  • overall lot dimensions, i.e. area, length, and width
  • sun movement patterns in summer and winter
  • prevailing wind direction
  • setback pattern of existing development on the street
  • existing developments on the site
  • location and details of façade wall, entries, windows, vehicle entries, awnings, public footpath, and street furniture for proposed and adjoining developments
  • location and type of fencing used on the site
  • location of infrastructure servicing the site
  • identification of existing and proposed buildings/structures
  • location of passive solar elements on adjoining properties
  • height of adjoining buildings/structures and shadows cast by them over the site
  • direction of views to and from the site

Site plan

A plan of the site to provide the context of the proposed development.

The plan must show the exact location of buildings and other features on the site, at the same scale as the plans and elevations.

The plan must include the following details:

  • north point (true north)
  • scale (show ratio and bar scale), lot dimensions and areas
  • date, plan number, amendment number
  • position of all existing structures, contours and spot levels
  • position of structures, including trees on adjoining land (including the street and adjoining parks or open space), especially window locations in adjoining buildings with top and bottom of sill heights
  • position of existing trees on both the site and adjoining sites (including the street and adjoining parks or open space), and reduced level at the base of such trees, and their height and canopy spread
  • the location and levels of any solar panels on adjoining lots

Please ensure that your document includes the following before uploading:

  • the location, boundary dimensions, site area and north point of the land
  • existing vegetation and trees on the land
  • the location and uses of existing buildings on the land
  • existing levels of the land in relation to buildings and roads
  • the location and uses of buildings on sites adjoining the land

Survey plan

This plan should be prepared by a registered surveyor and show the current location of existing buildings and other features on the site. The plan should include the following details:

  • name of the registered surveyor who prepared the plans
  • boundary dimensions
  • site area
  • location of existing buildings, structures, and site features
  • topography (plans to accurately plot existing and proposed spot levels to Australian Height Datum (AHD) to all corners of the site, and contours at 0.5 m intervals including that of adjoining properties where relevant)
  • natural drainage of site
  • all easements and rights of way (if any)
  • significant and native vegetation (indicating location, height spread, and species)
  • location, height, and use of any adjoining buildings or structures, such as swimming pools
  • street features (immediately adjoining the property such as kerbs, crossings, pits, significant trees, telegraph poles, etc.)

Waste management plan

This plan will detail waste management and minimisation activities to be carried out during demolition, construction and operation of the premises/development.

This plan will need to:

  • specify waste by type and volume and nominate reuse and recycling potential
  • nominate siting of waste storage and recycling facilities for demolition, construction and final use
  • detail how and where residual wastes will be disposed of, and
  • explain how ongoing waste management of the site will operate.
Download and complete the waste management plan form

How to lodge your DA

Step 1.Register for an NSW Planning Portal account to start your application.

Step 2.Log in to complete the online application form.

Step 3.Upload your documentation when prompted.

What happens next

Once the application is submitted, Council will be notified to conduct a review. Additional documentation may be required prior to lodgement of the application.

A development application will progress to the 'lodgement' stage when the relevant fees are paid.

Further information may be requested post lodgement and/or during the detailed assessment phase, to help assess the application in accordance with the requirements of Section 4.15 of the Environmental Planning and Assessment Act 1979.

Need more help?

Your guide to the DA process

The NSW Government has developed a step by step breakdown of the DA process, from pre-lodgement (preparing your documents) to organising construction, to obtaining the final occupation certificate (the last step in the formal DA and construction process).

Your guide to the DA process - NSW Planning Portal

Duty planner enquiries

For Duty enquiries please phone 1300 293 111.