Blayney Shire Council


Working within the Road Reserve


Section 138 Roads Activities and Hoarding

Any work to be undertaken within the public road reserve, including the footpath area, must be approved by Council prior to commencement. These works may include, but are not limited to, the following:
  • Road openings;
  • Underboring;
  • Works being undertaken that require a Cherry Picker or Mobile Crane to be located on footpaths/roads;
  • Restoration of disused driveways;
  • Major stormwater connections; and
  • Erecting hoarding in conjunction with a development or other works. 
  • Hoarding

Application to Undertake Works

Applicants wishing to undertake work within the road reserve and/or erect a hoarding are required to complete and submit to Council a Road Opening Permit Application Form.  Additional information regarding the required payments are set-out in Council's Fees and Charges. Please note a permit will not be issued until all payments are received.

If you are unsure as to whether the activity you are intending to undertake requires lodgment of this application form, or for further assistance, please contact Council.

Damage Bond

For Section 138 Roads Activities, the applicant may be required to pay a bond to Council to cover any damage that may occur to Council assets during construction works.  The bond will be held by Council until completion of the works and rectification of any damaged Council assets to Council's satisfaction.

Approval to Commence Works

Should permission to undertake the works be granted by Council, a formal letter of approval and accompanying permit will be forwarded to the applicant. This approval permit must be retained on site whilst the works are being undertaken. 

Restoration of Damage

It is to be noted that any damage that occurs to Council's assets due to the works being undertaken must be rectified to Council's satisfaction by the person/s undertaking the works.  For road openings (including footpaths).

General Conditions of Approval

  • The permit holder or their appointed agent shall have a current Public Liability Policy of Insurance for an amount not less than twenty million ($20,000,000) dollars for road openings.
  • The permit holder shall indemnify the Council and its Councillors and employees from and against all actions, claims, losses, damages, penalties and demands consequent upon, occasioned by, or arising from it performance or purported performance of its obligation under this permit from the time the contractor or permit holder opens up the footpath or road or nature strip or laneway or other, until it’s final permanent reinstatement.
  • If excavation is involved utility services are to be located and depthed prior to commencement.
  • The permit is valid for three (3) months only.
  • Non-compliance with these conditions may result in enforcement of Council’s Local Laws.


  • The permit holder shall be responsible for the supply and erection of any barriers, signs, lights etc, to ensure the safety of all traffic, both vehicular and pedestrian and to protect the works from damage.
  • Interference to traffic shall be kept to a minimum and shall be to the satisfaction of the Council.

Works Affecting Bituminous and Concrete Surfaces

  • Thrust boring shall be used for the laying of services under all bituminous and concrete surfaces unless otherwise approved in writing by Council.
  • Back-fill shall be clean, suitably approved base material, compacted in 150mm layers 50mm below the existing road thickness and to be filled with cold mix and compacted to the road surface to make safe until permanent restoration is made by Council. Excavated material shall be removed from the site daily.
  • Concrete paving shall be saw cut to the nearest joints and replaced in complete slabs or bays where the applicant carries out the reinstatement.
  • All openings shall be completely back-filled at the end of each day’s work.
  • Minimum cover for all services under road pavements shall be 0.6 metres.

Works Affecting Naturestrips

  • All trenches shall be back-filled with suitably approved base material compacted in 150mm layers.
  • Nature strips shall be resurfaced with a minimum of 100mm of topsoil and seeded. The level of the top soil shall be 40mm above the surrounding surface.


  • All charges for permanent restoration of the work site is the responsibility of the person/s or company applying for and signing this application. All fees and charges are in accordance with the Blayney Shire Council’s Schedule of Fees and Charges.
  • Upon lodging this application the application fee and the restoration fee is payable. Upon final restoration if an adjustment needs to be made a further invoice will be issued to the applicant. However no refund will be issued.
  • The permit holder remains responsible for the worksite for a minimum period of 28 days from the date of their written advice to Council that the opening has been temporarily reinstated.
  • Full responsibility for any damage to public or private property caused as a result of the work carried out under this permit shall be borne by the permit holder.

Last modified: 03 Apr 2018

Blayney Shire Council

91 Adelaide Street, Blayney NSW 2799, Australia
PO Box 62, Blayney NSW 2799, Australia
Telephone: (02) 6368 2104

Council opening hours:
Monday to Friday
9.00am - 4.30pm

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