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Application to carry out works in a public road (Section 138 applications)

The road reserve includes the footpath and road formation between opposite property boundaries:

Section 138 works and structures that require consent “138 (1) A person must not:

  1. erect a structure or carry out a work in, on or over a public road, or

  2. dig up or disturb the surface of a public road, or

  3. remove or interfere with a structure, work or tree on a public road, or

  4. pump water into a public road from any land adjoining the road, or

  5. 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 approval: 

  • 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 property frontage 

  • Repair or reconstruct footpath within property frontage 

  • Connection of proposed public roads to existing roads

  • Footways paving, private utilities, landscape works, ramps, pipes, connecting to roads

  • Permanent balconies and awnings, overhead crossings, encroachments by car parking spaces, posts

  • Temporary anchors

  • Connect stormwater to the kerb and gutter (i.e. road opening) 

  • Installation or construction of private utility to a public utility, etc.

 

Please 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.

 

Section 138 form-All applicable fields on this application form needs to be completed.


Refer to Council Engineering Construction Specifications for Council requirements.

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.

 

General 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 lodgement.

  • 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.

  • The 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 phone number.

  • Any Tree 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 and Programming Department on 02 6578 7290 or

Download a 138 Application form for Use of a Council Road.

Download a Standard Terms and Conditions of Approval for Use of a Council Road

FAQs

 


Blasting Notifications

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.


Roadside Grazing

Council does not charge any fees for rural grazing permit. In order to make an application, Council requires the following in writing:

  • 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.

This approval process is in accordance with Temporary Stock Grazing Permit from the Local Lands Services under the Rural Lands Protection Act, 1989, Part 8 Division 5, Section 101, in respect of public road(s) vested in Council.

Permanent road closure application Council public road

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.

Please contact Council’s Contracts & Property Officer - Governance for more details on 6578 7290 or

Oversize Overmass Vehicles

What is an Oversize/Overmass (OSOM) vehicle?

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 limits.

Typical examples include:

  • Agricultural machines such as harvesters and grain augers

  • Vehicle combinations carrying large indivisible items such as mining and construction vehicles, bridge components or building infrastructure

  • 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.

 

Travel 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

     

Interstate Travel

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.

 

Class 2 vehicles

All Class 2 vehicle permits are issued by the NHVR. Applications will need to be made directly to NHVR.

 

How to 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 Council’s Fees and Charges.

Lodgement of an application is not a guarantee that a permit will be issued.

Once completed the form should be submitted via email to us .

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.

What 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.

When is a TMP required?

A TMP is required for any of the following OSOM movements:

  • 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' route

  • 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 reserve

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 private works



Singleton Council
PO Box 314 Singleton NSW 2330
Ph: 02 6578 7290