Public domain construction – vehicle entrance and driveway application

You will require approval from Bayside Council under the Roads Act 1993 if you are planning to construct a new driveway crossing, reconstruct, repair, or remove an existing driveway crossing on Bayside Council’s land. You must also apply for the construction of associated works like footpaths, kerbs and gutters.

A driveway crossing is a vehicular access point for a property from a road or street. The driveway crossing starts at the kerb, crosses over the verge/nature strip and footpath, and ends at the property boundary.

We have three types of applications:

  • A driveway crossing associated with a Development Application (DA)
  • A driveway crossing associated with a Complying Development Certificate (CDC) This application is broken down into two stages
  • A driveway crossing not associated with a DA or CDC. In certain circumstances you may be eligible to reconstruct an existing driveway crossing, or construct a new driveway crossing, without a DA or CDC approval.

DA driveway crossing

You must apply for this permit if you have an approved DA which includes a driveway crossing, lodgement of this application is a condition of your DA Consent.

You will be supplied with a driveway crossing design and permit to start construction, once the application is approved.

The scope of works as indicated on your driveway permit and DA consent must be constructed to the satisfaction of Bayside Council, before the Occupation Certificate can be issued.

CDC stage 1: design approval

Before your CDC can be approved, you must obtain our assessment and approval for the driveway crossing(s) in your proposed CDC.

You will need to provide the following:

  • A survey plan prepared by a registered surveyor
  • Architectural plans of your future CDC development which show the access point and internal car parking design for assessment
  • An estimated cost of development for the future CDC.

We will complete an assessment of the submitted documents for your proposed CDC. We may require changes to your architectural design to comply with Australian Standards, our Bayside Technical Specification Traffic, Parking and Access policyBayside Development Control Plan 2022 (DCP) and other stakeholder requirements.

Allow a minimum of 20 working days from lodgement date for your application to be assessed.

You will be supplied with boundary levels and a CDC Driveway Concurrence Letter upon satisfactory assessment and approval of your application.

This letter will be for the purpose of approval and issuing of the CDC. Stage 1 is not a permit to begin works on the road reserve.

CDC stage 2: permit to construct

You will need to supply our Public Domain Officer with the approved plans after the CDC has been approved by your Certifier, so the permit can be processed, designed and issued. The permit means works can begin, and provides a site specific design for all required works on Bayside Council land.

You will also need to supply the Public Domain Officer with the approved CDC cost of development/development value. An adjustment will be made, and a tax invoice issued for the difference prior to the issue of the permit if that amount is higher than initially indicated on this application.

Allow a minimum of 14 working days from notification date of the CDC approval for your permit and design to be issued.

Reconstructing an existing driveway crossing without DA/CDC

You may be eligible to reconstruct an existing driveway crossing that does not meet current driveway design standards, or is creating issues for the property such as scraping.

All proposals are subject to a merit assessment against Australian Standards and our Bayside Technical Specification Traffic, Parking and Access policy.

We will not provide approval to reconstruct the driveway crossing if there is no appropriate place to park a vehicle on the existing property.

Some properties have existing driveway crossings that do not provide access to an area on the property to park a vehicle.

A vehicle must be able to park completely within the site on a hardstand which is a paved surface.

We reserve the right to refuse any application. You can contact our Public Domain Officer on 1300 581 299 to discuss your proposal.

Constructing a new driveway crossing without DA/CD

You must comply with the following to obtain approval for a new driveway crossing without a DA or CDC:

The new driveway must provide access to a hardstand like a concrete base for car parking, that meets the requirement under the State Environmental Planning Policy Exempt and Complying Development Codes), if your property is an existing single dwelling house/dual occupancy.

The new driveway must provide access to a hardstand meeting the requirements under Commercial and Industrial Alterations Code if your property is an existing industrial site.

You are required to lodge a DA if your proposal does not meet the above requirements.

You will be contacted by our Public Domain Officer regarding your application, and if approved, you will be provided a design and permit to construct a new driveway crossing.

Frequently asked questions

Who pays for the driveway?

The owner of a property is responsible for the costs relating to provision or maintenance of a driveway crossing.

What happens if I construct a driveway crossing without Bayside Council approval?

Construction of a driveway without an approved design from us may result in an infringement notice. In some cases, the illegal works may need to be demolished and reconstructed at your cost.

Where the owner fails to demolish an unauthorised vehicular crossing, Bayside Council officers may reconstruct the crossing to our standards and will recover all costs through legal process.

We will accept no legal responsibility for claims arising from accidents to the public caused by aged, unauthorised, or badly constructed driveways.

Can I have a second driveway?

We will assess all second driveway applications on merit. A second driveway will only be considered if the driveway crossing width and location is compliant with our Bayside Technical Specification Traffic, Parking and Access policy. 

Applications for a second driveway will need to provide a scaled drawing of the property frontage, and meet the applicable landscaping ratio control for the front setback area.

What are the standards for a driveway crossing?

The standard width of a residential driveway crossing is 3.0 metres, and should begin at least 6 metres from the corner if a driveway is for a corner block (tangent point of the kerb). Driveways should be separated by 6m from other driveways to preserve on street parking.

See our Bayside Technical Specification Traffic, Parking and Access policy. 

Am I allowed to install  kerb ramp devices or steel plates?

In accordance with the Roads Act 1993 you are not allowed to place kerb ramps or steel plates on your driveway to address scraping issues. The driveway will need to be to be modified if scraping is taking place via an application to council.

Council Rangers enforce fines on kerb ramps or steel plates when they are reported in accordance with Section 107 of the Roads Act

Can I construct a footpath connection from my house entrance to an existing footpath?

Footpath connections are treated similar to a driveway – they are the responsibility of the property owner to ensure they are well maintained and do not cause a public trip hazard. Council advises they be constructed at the same time as a new driveway and inspected simultaneously.

What if there is a tree where my driveway is proposed?

A driveway cannot be proposed in the location of, or in the canopy of, an existing street tree Contact the Council’s Tree Team for advice.

Am I allowed to construct a driveway crossing on or near a utility?

You may make an application for a driveway where there is a utility pit, manhole or overhead cabling pole. The utility must be relocated to a position outside of the driveway crossing. The driveway must be set back a minimum clear distance of 0.5m.

You will be required to set back your driveway crossing from the pit if your proposed driveway crossing will impact an existing stormwater kerb inlet pit,

We make exemptions for pits and manholes to be located in the driveway crossing, where you have received an official exemption from the relevant authority. This exemption does not apply to overhead cabling poles, such as electricity and telecommunication poles.

How do I arrange a formwork or final inspection with Council?

To arrange a driveway crossing inspection contact our Public Domain Officer on 1300 581 299 Monday to Friday between 8:30am and 5pm. Please contact a minimum of 48 hours before the inspection is required.

Documents required for CDC applications only

For CDC applications, the following documentation is required:

  • Concept plan indicating location of driveway.

We require lodgement of all plans and supporting documentation in digital form as PDF documents. Check the Lodgement Guidelines for Engineering Applications.

Approvals for a driveway on a classified state road

We are unable to approve your driveway if the proposed driveway is on a Transport for New South Wales (TfNSW) Classified State Road unless the concurrence of TfNSW has been obtained.

Additional processing time will be required to refer applications to TfNSW.

Apply online

Press the Apply online button to start the registration process, you will be asked to make a payment to complete lodgement.

Payments made by MasterCard or Visa incur a service fee of 0.5%.

Apply in person

Download and print the application form, and lodge when completed to any of our Customer Service Centres.

Fees and charges

Payments made by MasterCard or Visa incur a service fee of 0.5%.

A non-refundable application fee is required at submission. The assessment of the application will not commence until the application fee has been paid. Once assessed, and if approved, you will be required to pay any additional fees and charges in order to receive approval. See our current fees and charges.

Fees – charged at lodgement if your application is in conjunction with a DA or CDC

Your fees with be calculated depending on your DA/CDC cost of development/development value* along with a minimum of 2 public domain inspections.

$0-$600,000 cost of development/development value*


$600,000 - $20,000,000 cost of development/ development value*

0.1 % of development value

$20,000,000 or greater cost of development/ development value*

0.1 % of development value to a maximum of $20,000

Public Domain Inspections 

Minimum 2 inspections at lodgement

*Cost of development/development value is the total DA/CDC value, not the cost of the public domain works.

Fees – charged at lodgement if your application is not in conjunction with a DA or CDC

Depending on the type of existing development you will be charged Design and Inspection fees along with an application fee and a bond.

Application fee $308.00 Per application

Design & inspection fee 

$840.00 For Single unit dwellings

Design & inspection fee 

$550.00 For dual occupancies
Design & inspection fee  $1155.00 For other development

Vehicle entrance bond 

$1000.00 Refundable upon satisfactory completion.

We will advise you of any additional fees during assessment of the application and payment will be required prior to any approval.

Fees charged after lodgement. 

Public domain inspections - additional inspections 

$275.00 As required

After lodgement

Once your application is received you may be contacted for further information.

Your application is not a permit to undertake work. Your permit will only be issued after assessment, approval and outstanding fees are paid in full.

A minimum period of 20 working days is required to assess the application. Longer processing times are required for large works or for activities on Classified roads, which require the concurrence from relevant stakeholders.

If you have any questions, contact on 1300 581 299 Monday to Friday between 8:30am and 5pm.

Similar applications

For other public domain construction applications use the Public domain construction – frontage and civil works  application.


You will only need to submit either a Public domain construction Driveway or a Public domain construction frontage application.