Agritourism planning changes

We have introduced clear planning terms for agritourism. This will make it easier for farmers to know how they can use their land for new income streams.

Following consultation in October and November 2023, the standard conditions of development consent for agritourism (PDF, 277 KB) uses have now been finalised for use by consent authorities. The final conditions incorporate feedback from councils and agencies regarding construction in bushfire-prone areas and bushfire emergency management, approvals for sewerage and utilities under the Local Government Act 1993, and ongoing management and waste management.

The conditions work in conjunction with other standard conditions of consent.

An amending SEPP made on 18 August 2023 expanded the use of agritourism across NSW.

These changes meant agritourism is now permitted with consent in all RU1 Primary Production, RU2 Rural Landscape and RU4 Primary Production Small Lots zones in local environmental plans and in other zones councils have nominated.

We worked with councils to ensure the nominated zones reflect the best locations for agritourism in each LGA.

The 100 visitors limit to farm gate premises under exempt and complying development no longer applies to pick-your-own produce on farms. Farmers now have greater flexibility to invite more visitors to pick and buy their produce.

The amending SEPP is available at NSW legislation.

Model development control plan (DCP) clauses for agritourism are available. Councils can download the Agritourism model DCP clauses template (DOCX, 224 KB) and adjust to produce their own DCP clauses.

On 1 December 2022 we introduced some new and amended terms. These included:

• farm gate premises – where visitors interact with produce from the farm, such as through fruit picking, sales, tastings, workshops and cafés
• farm experience premises – where visitors can experience life on a farm, including tours, horse riding, weddings, functions and retreats
• farm stay accommodation – including camping, caravanning and glamping.

Other changes included:

• new planning pathways allowing these activities to happen with either fast-track (complying development) or no planning approval (exempt development) with development standards that minimise impacts on neighbours, rural roads and the community. If an activity doesn’t meet the standards for exempt or complying development, speak to your local council about lodging a development application.
• landowners can rebuild farm buildings destroyed by natural disasters without planning approval to help future proof their farms.
• the distance between homes and poultry and pig farms has been increased to protect the industry from biosecurity threats.