The road reserve includes
the footpath and road formation between opposite property boundaries:
138 works and structures that require consent “138 (1) A person must not:
erect a structure or carry out a work in, on or over a public
dig up or disturb the surface of a public road, or
remove or interfere with a structure, work or tree on a public
pump water into a public road from any land adjoining the road,
connect a road (whether public or
private) to a classified road otherwise than with the consent of the
appropriate roads authority”
If you are looking to carry out any of the
following construction works, you must apply for Section 138 Works
Construct or reconstruct a driveway
Remove a redundant driveway
Connect to a public utility such as the water
supply (i.e.road opening)
Repair or reconstruct kerb and gutter within
Repair or reconstruct footpath within property
Connection of proposed public roads to existing
Footways paving, private utilities, landscape
works, ramps, pipes, connecting to roads
Permanent balconies and awnings, overhead
crossings, encroachments by car parking spaces, posts
Connect stormwater to the kerb and gutter (i.e.
Installation or construction of private utility
to a public utility, etc.
note: If the information required on this check list is not provided at the
time of submission, then this may delay the processing of your application.
138 form-All applicable fields on this application form needs to
Where works are required within a
Classified Road, the applicant must obtain concurrence from Roads and Maritime
(RMS). Evidence of RMS concurrence shall be included in your application to
Council for Section 138 approval.
advice to applicants to carry out work on a Public Road
The following information is provided to
assist the applicant:
Payment of the application fee is required at the time of
Your application will be assessed and where restoration
of public assets be required, a Bond to be paid
A Traffic Management Plan
(TMP) showing proposed traffic signposting around
the construction site
in accordance with
AS 1742.3 and the RMS manual for Traffic Control
at Worksites current
at the time of construction is to be submitted
to Council at the time of lodgement and prior to approval being
granted. The plan must be prepared and certified by a
person holding the appropriate RMS accreditation. No work is to commence
until the signage
is erected in accordance
with this TMP. Note that the plan is
to address both motor vehicle traffic and pedestrian traffic.
All traffic control including
the setup and removal of traffic control devices and/or regulation of traffic
is to be carried out by persons suitably
accredited by the Roads and Maritime Services
to Australian Standard
AS1742.3 and the RMS Traffic Control at Work Sites. The
contractor must produce upon request evidence that all staff involved in the above have such accreditation.
Public Liability insurance in an amount of $20 million is to be maintained for the construction period. Written evidence of a current policy is to be
provided at the time of lodgement and prior to approval being granted.
Upon request, the contractor must be able to produce
evidence that all plant is registered and the subject
of third party Insurance.
The contractor shall meet all
obligations under the Work Health and Safety Act 2011 or current equivalent legislation
and relevant Work Cover requirements including appropriate traffic controls.
disturbed area is to be restored to at least its original condition at the
applicant’s cost, and any damage caused
to the road or drainage system is to be brought to the notice of Council.
The applicant will be responsible for the disposal
of any excess material and restoring table drains, shoulder
seal and culverts blocked or
damaged as a result of the works.
The works proceed to completion without undue delay.
Provision is made for service vehicles, residents etc. to gain
access to properties at all times.
Affected residents are to be
notified in writing indicating, at least seven days in advance of any full road
closure, the reason for the road closure,
the period of the road closure and a company
contact name and a 24 hour contact
required to be removed as part of any application must first be assessed by
Council’s Officer. Should approval be
granted for the removal of the tree, all costs associated with its removal must
be met by the applicant.
An approval letter must be obtained prior to
commencement of any work;
Section 138 application is not an automatic
approval. Your application will be assessed to determine whether conditional
approval may be granted. Written advice will be forwarded to the Applicant upon
successful application. If an application is refused, the Applicant will be
notified in writing.
No works are to commence until written approval
for the construction of the proposed works has been issued by Council. If works
are commenced prior to Council issuing approval, then the property owner will
be liable for an ‘un-authorised road works’ penalty fee and a stop work notice
could be issued. Refer to Council's
Fees and Charges
Council will carry out random audits where
works are undertaken within the Road Reserve. Failure to comply with the
conditions as outlined above will result in issue of a stop work order and
issue of a penalty infringement notice.
Should you have further enquiries in
regards to the above please contact Councils Infrastructure Strategy Planning
Terms and Conditions of Approval for Use of a Council Road
All Hunter Valley mines that require a Council
road to be temporarily closured for blasting are required to submit an “Application to
use a Council Road (Section 138 Roads Act 1993)” form each financial year.
Council does not charge any fees for rural
grazing permit. In order to make an application, Council requires the following
Location and address of the cattle property,
Sections of roads affected,
Duration of use and near town times of the day
is also required,
Number of head.
The Processing of grazing requests
typically takes 1 week. A typical approval requires the following:
Insurance that Indemnify Council against any
liability claims arising from such approval
Consent for this agreement is in accordance
with the Rules and Conditions set out by the Local Lands Services
The agreement can NOT be assigned or
transferred to another person or company.
This consent is only valid when issued in
conjunction with a Stock Grazing Permit issued by the Local Lands Services.
If a Council Public Road is no longer
being utilised by the public interested parties can make an application to
Council to close the road.
The application also allows for the
applicant to indicate whether they wish to acquire the surplus land following
closure of the road.
There is a non-refundable fee payable at
the time of lodgement of the Road Closure Application – Council Public Road,
please refer to Council’s Fees and Charges Schedule.
What is an Oversize/Overmass (OSOM)
OSOM vehicles are defined as Class 1
vehicles under the Heavy Vehicle National Law. A vehicle or vehicle combination
is considered to be OSOM if it exceeds any general access mass or dimension
Typical examples include:
Agricultural machines such as harvesters and
Vehicle combinations carrying large indivisible
items such as mining and construction vehicles, bridge components or building
Special purpose vehicles such as mobile cranes,
concrete pump trucks and drilling rigs.
If your vehicles/combination exceeds the dimension or mass limits contained in
a Class 1 Notice or Ministerial Order you will require an access permit to operate
on the NSW road network.
in NSW only
For Class 1 and 3 vehicles seeking a
permit for travel within NSW only:
For travel on local roads you need to seek the
approval of the relevant local councils.
For travel on state roads you need to apply
directly to Roads and Maritime Services
For Class 1 and 3 vehicles seeking a
permit for travel between NSW and another state you will need to seek a permit
directly from the NHVR.
All Class 2 vehicle permits are
issued by the NHVR. Applications will need to be made directly to NHVR.
apply for a permit
To apply for an OSOM permit for roads
within the Singleton LGA you must fully complete the Oversize Overmass
Permit request form.
A fee is payable for the processing of the
application and must be paid prior to a permit being issued. Please refer to
Lodgement of an application is not a
guarantee that a permit will be issued.
Once completed the form should be
Once the completed form is received, and
payment has cleared, the application will be reviewed by Council’s
Infrastructure, Strategy, Planning and Programming Team. Please allow 10
working days to process your application.
If you are also applying to Roads and
Maritime Services to travel on state roads as part of the same trip a copy of
this permit must be included with your application.
is a Transport Management Plan (TMP)
A TMP is a comprehensive document that
describes how an OSOM movement will be safely undertaken. This document is structured
to enable you to record your plans, procedures and other operational activities
that will be required in order to safely transport an OSOM movement in NSW.
Due to the changing nature of the road
environment, increasing traffic levels and increasing demand for OSOM movements
there is need to closely manage the risk and journey disruptions caused by OSOM
movements. To provide the necessary increased management of 'High Risk' OSOM
movements, the NSW government has introduced the OSOM TMP.
The TMP provides a comprehensive planning
and execution focus for 'High Risk' OSOM movements to ensure that these
movements are carried out in a safe and responsible manner with reduced impact
on other road users and road infrastructure.
is a TMP required?
A TMP is required for any of the following
All OSOM movements that are classified as 'High
Risk' due to their dimensions and/or weights
All OSOM movements that travel on a 'High Risk'
All OSOM movements that involve the transport
of a 'Critical/Sensitive' load.
Further information relating to when a TMP
is required can be viewed here: Transport
Management Plans for oversize and/or overmass movements in NSW
If a TMP is required this is to be sent to
us along with your application.
You are requested to exercise caution
while using roads and other Council infrastructure. In accordance with Section
102 of the Roads Act 1993 it is your responsibility in all cases to pay any
costs incurred in making good any damage caused to roads and associated
structures other than ordinary wear and tear. In the interest of safety, any
damage is to be reported immediately to Council. An operator may be subject to
fines due to damage caused to Council roads by their heavy vehicle.
If you have any queries, please contact
the Infrastructure, Strategy, Planning and Programming Team on 02 6578 7290.
Request for private works within in road
Residents can request that Council carry
out private works at within the road reserve, this will be at the resident's
cost. The types of works that Council may carry out on the behalf of residents
include constructing driveways, the removal of trees and grading of roads.
Estimates given are intended as a guide and the actual charge will be based on
the rates set by Council.
Council's routine maintenance work may take precedence over requests for