Understanding Agritourism Without the Planning Jargon
In December 2022, NSW changed its planning rules to help farmers diversify into visitor economies — and expanded the reforms in 2023. Here's what the framework actually says, in plain English.
One distinction matters above all: owning rural land does not automatically permit camping, tourist accommodation or commercial activities. The reforms create pathways for qualifying commercial farms — vacant bush blocks and hobby farms may need a different route entirely.
The three categories
| Planning term | Potential income opportunity |
|---|---|
| Farm stay accommodation | Farm camping, caravan sites, glamping, cabins and certain existing accommodation |
| Farm gate premises | Produce sales, tastings, farm shops, pick-your-own experiences, workshops and cafés |
| Farm experience premises | Farm tours, educational visits, horse riding, small functions, retreats and weddings |
Farm stay accommodation
Tourist and visitor accommodation provided on a commercial farm as something secondary to the farm itself — camping, caravans, glamping, guest rooms or cottages.
Farm gate premises
Using part of a commercial farm to sell and serve the farm's produce to visitors — stalls, shops, tastings and pick-your-own.
Farm experience premises
Small-scale, low-impact visitor activities on a commercial farm — tours, demonstrations, workshops and animal experiences.
The commercial farm test
Everything hinges on the phrase commercial farm. The agritourism uses must be ancillary — secondary — to a genuine farming operation.
A commercial farm generally means land rated as farmland by council, or a primary production business under the Income Tax Assessment Act 1997. A vacant bush block or a hobby farm with no commercial production may not qualify for the agritourism pathways — other options may still exist, but they need individual assessment.
The framework recognises reality: a commercial farm temporarily affected by natural disaster — drought, bushfire or flood — can still qualify while it recovers, subject to the legal definitions.
A real example, straight from NSW Planning
NSW Planning explains that qualifying commercial farms may accommodate campers as exempt development where all relevant standards are satisfied. Published requirements include:
- 01A minimum landholding of 15 hectares.
- 02No more than 20 camping guests at any one time.
- 03A maximum stay of 21 days per visit.
- 04Additional requirements governing campsite locations, separation distances, vehicles, access, amenities and environmental hazards.
These are not blanket permissions to operate a campground — every standard must be met, and separate council approvals may still be necessary under the Local Government Act 1993.
NSW Planning — Agritourism & small-scale agriculture FAQThe planning framework
Environmental Planning & Assessment Act 1979
The foundation law of all planning in NSW. Every approval pathway — exempt, complying or DA — exists because this Act creates it.
Codes SEPP 2008
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. This is where the agritourism exempt and complying pathways live, with their development standards.
Standard Instrument LEP definitions
The December 2022 reforms wrote 'agritourism' into the standard template every council LEP is built on — creating three defined uses: farm stay accommodation, farm gate premises and farm experience premises.
Your council's LEP and DCP
Local Environmental Plans set zoning and permissibility; Development Control Plans add local detail. The state rules operate through these local instruments.
Local Government Act 1993
Even when planning consent isn't needed, separate Section 68 approvals can still apply — for example installing moveable dwellings or managing on-site sewage.
The three principal pathways
Exempt Development
No planning consent needed at all — but only if every requirement and standard in the Codes SEPP is met. Miss one standard and you're no longer exempt.
Complying Development
A fast-tracked complying development certificate from council or a private certifier, issued against fixed standards — weeks, not months, when your proposal fits the template.
Development Application
Full assessment by council (or another consent authority) with neighbour notification and merit consideration. Needed for larger, permanent or non-standard proposals.
Even where planning consent is not required, another approval, permit, licence or certification may still be necessary.
What you can do, what you need to check, and when you might need approval
| The idea | What to check | Likely pathway |
|---|---|---|
| Two tents for weekend campers, a few times a year | Stay within the limited exemption: no more than 2 caravans/tents, stays of up to 2 consecutive days, no more than 60 days per 12 months | Often no approval — Requires Verification with your council |
| Regular Hipcamp sites on a working cattle farm (RU1) | Farm stay accommodation standards in the Codes SEPP; ancillary to the commercial farm; bushfire/flood constraints; s68 for toilets | Potentially exempt or complying — Requires Verification against each standard |
| Roadside stall selling your own honey and eggs | Farm gate premises standards: visitor caps, trading hours, setbacks; council food notification | Potentially exempt — Requires Verification; food licence separate |
| Converting a shearers' quarters into paid guest rooms | Building conversion, plumbing, BASIX, fire safety, access | DA and Construction Certificate almost always required |
| Monthly paddock weddings for 100+ guests | Likely a 'function centre' land use, not agritourism; traffic, noise, hours, liquor | DA required — and it's a different assessment pathway |
| Weekend farm tours for small groups | Farm experience premises standards; insurance; animal welfare | Potentially exempt or complying — Requires Verification |
Legislative content last reviewed July 2026.