Yes, if your driveway meets a public road: the crossing between your boundary and the road needs its own Section 138 approval from the roads authority before work starts, separate from any DA or CDC, and in Newcastle that approval typically takes four weeks to process.
Book the approval before you book the concrete. In Newcastle, a new or rebuilt driveway crossing needs council approval that typically takes 4 weeks to process. Every council inspection, including the one before the pour, has to be booked at least 3 business days ahead.
Add those together and the earliest realistic pour date sits about four and a half weeks after you lodge. That is our estimate: 4 weeks of processing plus 3 business days of booking notice, which is three to five calendar days depending on where the weekend falls. Treat it as a planning figure, not a promise. Four weeks is the council's typical time, and an application missing a document takes longer.
Our view at Concreters Near Me is simple: lodge first, then lock in a pour date. The rest of this guide covers what the approval is, who gives it, what to have ready and what happens on the day.
Do I need council approval for a driveway crossover?
Source: NSW Planning Portal, City of Newcastle
Yes, if your driveway meets a public road. Under Section 138 of the Roads Act 1993, consent is required for any works or activities on a public reserve, public roadway or footpath, including nature strips and verges.
The driveway or vehicle crossing is the section connecting the public road to your property boundary, crossing the road reserve, including any council footpath or nature strip. The slab on your side of the boundary sits on your land. The strip between the boundary and the kerb does not.
City of Newcastle puts it plainly: a Section 138 approval is needed to build, remove or modify a driveway connected to a public road. The state's list of works that need approval also includes driving any vehicle across a kerb or footpath and creating a temporary vehicle crossing. So a crossing that is only used during building work is in scope too.
There is one clear exception. In Newcastle, on a private road such as a Community Title open accessway, no council Section 138 approval is needed, and consent comes from the road's owner, usually the community association.
Why doesn't my DA or CDC cover the driveway?
- DA approved
- Apply for Section 138 approval (in most cases after the DA, so plans are consistent)
- Driveway works
- Apply for Section 138 approval
- Lodge CDC
- Driveway works
Source: NSW Planning Portal
The order depends on which path your build is on. With a DA, the Planning Portal says that in most cases you apply after the DA is approved, so the plans are consistent. With a CDC, you apply before lodging the CDC, and some councils may require a two-step Section 138 process for CDC works.
If you are simply replacing a tired old driveway with no DA involved, you are still applying. You just have less paperwork, which the lodging section below covers.
Who approves it: council, Transport for NSW or the road's owner?
Source: NSW Planning Portal, City of Newcastle
Usually your council. For unclassified roads and some classified roads, the local council is the consent authority. For other classified roads, Transport for NSW may also need to approve.
In Newcastle, if your street is a classified (State) road, Transport for NSW concurrence is also needed, and council can manage that, or you can obtain it yourself and supply evidence. If you are not sure what kind of road you live on, ask the council when you apply. It is better to find out at lodgement than halfway through.
What about Lake Macquarie and the rest of the Hunter?
The same state rule applies wherever the driveway meets a public road. Section 138 consent is required for works on a public roadway or footpath, including nature strips and verges, and on unclassified roads the local council is the consent authority.
What changes from council to council is the detail. Forms, fees, inspection steps and processing times are set locally, and supporting documents vary by council. The Newcastle figures in this guide are Newcastle's alone. If you are in Lake Macquarie, check Lake Macquarie City Council's own driveway page before you plan dates.
How long does driveway approval take in Newcastle?
Source: City of Newcastle
City of Newcastle says driveway approvals typically take 4 weeks to process, and road opening permits typically 1 to 3 days. These are two different permits. If someone has told you a road permit takes a couple of days, that figure may not be the driveway figure.
Once you have it, the approval lasts. Driveway approvals are valid for 24 months, and road opening permits for 12 months. That long window is a good reason to lodge early rather than waiting until the week you want to pour.
If your application seems slow, contact the council to confirm all documents have been provided. The Department also says it is working with road authorities to streamline driveway crossing approvals, though it gives no date.
For the money side of the same project, see What Actually Drives the Cost of a Concrete Driveway.
What do I lodge with a Newcastle driveway application?
| Your job | Plan City of Newcastle asks for |
|---|---|
| DA-linked driveway | One copy of the approved site plan, labelled "Site Plan" |
| Exempt or complying development | One copy of the proposed site plan |
| Reconstructing an existing driveway (not DA-related) | No site plan required |
Source: City of Newcastle
The plan you need depends on the job. City of Newcastle asks for:
- DA-linked driveway: one copy of the approved site plan, labelled "Site Plan".
- Exempt or complying development: one copy of the proposed site plan.
- Reconstructing an existing driveway, not DA-related: no site plan is required.
Newcastle driveway application checklist
Source: City of Newcastle
You will also want your contractor's details. Newcastle asks for the contractor's name, address, contact details and licence number if known, plus the public liability insurer, policy number and amount of cover, which can be supplied later. So you can lodge before you have chosen a concreter, then add the details once you have.
Paperwork you probably don't need: for a driveway, a sole owner needs no owner's consent form, because the council's consent-form rule is aimed at private infrastructure applications.
On cost, Newcastle says fees vary with the application, a quote appears in the online application flow, and additional fees may apply after full review (checked October 2026).
Across NSW more broadly, the common supporting documents may include standard drawings and engineering plans, contractor details, public liability insurance and the estimated cost of works.
What happens at the pre-permit and pre-pour inspections?
Source: City of Newcastle
In Newcastle, the driveway application fee includes two inspections, a pre-permit inspection and a pre-pour inspection, and a final inspection costs an additional fee (checked October 2026).
The pre-pour inspection is the one that shapes your concreting day. It usually happens once the formwork is set, before the truck arrives, because once concrete is in, its shape and levels are fixed. The grades and widths your crossing must meet come from the council's own standards and your approval, so ask the council if you want to see them before work starts.
Booking is straightforward. Newcastle says to book inspections at least 3 business days ahead, with appointments between 7.00am and 2.30pm, and you do not need to be on site. In practice that means the pour day is chosen around the inspection, not the other way round. Allow a spare day either side for weather. Our piece on pouring concrete in hot weather explains why the conditions on pour day matter.
What happens after the pour?
City of Newcastle does not issue a formal "Certificate of Completion" for driveways. If you booked and paid for a final inspection, you get an email confirming the driveway meets council standards and the footway is restored. Keep that email with your house records.
Then the concrete needs time. Our Concrete Curing Time FAQ covers when you can walk and drive on a new slab.
Newcastle driveway approval at a glance
- Approval processingtypically 4 weeks
- Book inspectionsat least 3 business days ahead
- Inspections included in the application fee2 (pre-permit and pre-pour)
- Inspection hours7.00am to 2.30pm, no need to be on site
- Approval valid24 months
- Final inspectionextra fee, confirmed by email, no formal Certificate of Completion
Source: City of Newcastle
What's the next step for your driveway?
Start the approval, then plan the pour. Once you know roughly when your approval should land, the job has a real date to work toward.
Concreters Near Me covers concreting across Newcastle, Lake Macquarie and the Hunter, including concrete driveways. Tell us about your driveway, your street and where your approval is up to through our contact page, and we can talk through the job from there.
Sources
- https://www.planningportal.nsw.gov.au/development-and-assessment/additional-approvals-applications/section-138-approvals
- https://cn.t1cloud.com/apps/KnowledgeBase/MyServices/article/Section-138-Road-Act
- Pictures in this guide are illustrations, not photos of our jobs.