Approval to Lease an Unused Public Road - New South Wales


You will require this approval if you own or lease land adjoining an unused public road (other than a Crown road) and want to lease that public road from the Council.

Please be aware that these leases usually cannot exceed five years in length and that the Council may cancel them at any time for any reason.

Please consult the Contact Officer for more information.

Service type


A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

To be eligible for this Approval, you must meet the following requirements:

  • Council's application and processing fees must accompany the application.
  • A Lease or Licence will be subject to a market rent. This rent will be determined by an independent Valuer.
  • Prior to the issue of a Lease or Licence, the applicant must pay Council's valuation and legal costs, including any Stamp Duty incurred in granting the Lease / Licence.
  • Prior to the issue of a Lease or Licence, the applicant must obtain a Public Risk Insurance Policy in the amount of twenty million dollars ($20,000,000) against any action that may arise from damage to property or injury to any person using the footway.  Council must be nominated as an 'Interested Party' on the policy and indemnified against any claim.
  • The issue of a Lease / Licence will be in accordance with Council's Policy and Procedures for Leasing and Licensing of Council Controlled land, and in respect of a classified (main) road will be subject to the concurrence of the relevant authority.


As specified on the approval.


Fees Details for this service in table format.

Task Type Business Structure Description
Apply Application All

The fee for this application is $850.00 plus an hourly rate.

Apply Application All

If approval is granted and a lease or licence agreement is required to be entered into by condition of approval, all legal and valuation costs of approximately $40.00 will also be payable. These fees are calculated on the hourly rate and are payable before the release of any legal agreement. Protracted negotiations over 5 hours will be charged at $77 per hour.

Act(s) name

Roads Act 1993 NSW

Administering agency

Woollahra Municipal Council

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Enquiries Officer

Woollahra Municipal Council

Operating address: 536 New South Head Road
Double Bay, New South Wales 2028
Mailing address: PO BOX 61
Double Bay, New South Wales 1360
Phone: 02 9391 7000
Fax: 02 9391 7044
Website: Woollahra Municipal Council (Opens in new window)