Driveways and footpath/gutter crossings

It is important that all driveways and vehicular crossings (over the gutter) are safe, while providing appropriate vehicular access.

Under the Roads Act 1993, an application and Council consent is required for each footpath/gutter crossing or point of vehicular access to a property.

This is to ensure that work in Council’s footpath verge complies with the relevant standards and Council’s policies, and that the safety of all road users, including pedestrians and cyclists, is protected both during and after construction.

Is Council approval required prior to constructing a new or altering an existing gutter or footpath crossing?

Yes, Council approval is required prior to any construction work commencing. Failure to do so may result in an Issue of Non-Compliance, and in some cases, the work may need to be demolished and reconstructed at your cost.

Note: complying developments (CDC) also require a separate approval for the footpath and gutter crossing.

What is the Vehicular Crossing Specification?

Ku-ring-gai Council’s Construction of Gutter Crossings and Footpath Crossings Specification ensures the design and construction of all vehicular crossings (including driveways) is safe, and what materials are permitted on Council’s land.

Please refer to the document below for this specification.

Construction of Gutter Crossings and Footpath Crossings - Specifications (pdf. 717KB)

How do I apply for the construction of a driveway access?

A Request for Driveway Levels application and payment of fee (2020/21: $285.00) may be made online at the link below.  Upon receipt of the fee, a Council Officer will inspect the location and provide driveway levels within 15 days (unless complex and requiring a site specific plan). It is your responsibility to contact “Dial Before you Dig” by calling 1100 to check for any utilities and services like electricity and water that may be affected by your excavation, or require relocation.


Inspection and approval

Council must be contacted at least 1 full working day prior to arrange an inspection of the formwork. Inspections are only carried out between 8.30am and 3.00pm, Monday to Friday.

This inspection is required so as to ensure your formwork matches the plan provided to you.

Only after completion of the formwork inspection will you have approval to proceed with the construction of the driveway on the footpath area. Contact Council on 9424 0892 to arrange an inspection.

Terminology for a driveway and who is responsible for costs

Under the Roads Act 1993, property owners are liable for all costs associated with the construction, maintenance and repair of a vehicular access between the road pavement and property boundary line and Council consent must be obtained for all works within the road reserve.

Who can build a driveway or vehicular crossing

They can only be constructed by Council staff or licensed contractors to ensure construction is to a reasonable standard. After driveway levels have been received by Council, you can phone Council on 9424 0000 to obtain a quote for Council to do the work, or you can engage your own licensed contractor.

Note: contractors can also apply for Driveway Levels on your behalf.

Advice_on_Choosing_a_Driveway_contractor.pdf (pdf. 78KB)

For more information or assistance contact Council’s Driveway and Restoration Officer on 9424 0892.


This webpage provides a summary of the major issues concerning the design and construction of driveways, footpath/gutter crossings and footpaving. Any person using this document must do so on the basis that not every scenario and issue can be addressed, and discussion with relevant staff at Council should be undertaken. This page is subject to change without notice.