Before an accredited certifier can issue a Complying Development Certificate (CDC), State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the SEPP) requires the applicant obtain Roads Act 1993 approval from Wollongong City Council as the Roads Authority. This must occur before any CDC is issued.

The SEPP sets out the following:

1.18 General requirements for complying development under this Policy
(1)(e) before the complying development certificate is issued, have written consent from the relevant roads authority (if required under section 138 of the Roads Act 1993) for the building of any kerb, crossover or driveway, and
Note. Other consents may be required under section 138 of the Roads Act 1993 before carrying out other works in relation to roads.

Council will not grant approval under Section 138 of the Roads Act 1993 for any proposed complying development works that:

1. Requires reshaping of the footpath area outside of the proposed driveway extent.
2. Proposes driveway grades in excess of Councils Standards and / or those specified in AS2890.1-2004
3. Proposes dual driveways that does not allow for retention of on street parking. Typically this requires a clear space of 5.4m between the outside edge of the layback wings
4. Proposes to remove existing street trees, or proposes a driveway or works within the dripline of an existing street trees.
5. Proposes changes to existing public infrastructure such as traffic facilities, and drainage pits and lintels.

Where a CDC cannot be issued due to the situations described above, a Development Application may be lodged to enable a detailed assessment of the likely impact of the proposed development on the public road.

Where a CDC does not propose or create an outcome as described above, then an application for approval under S138 of the Roads Act 1993 can be lodged for assessment.