NSW’s new rules to allow farmers to develop an extra income stream through agritourism, which came into effect elsewhere in the State on 1 December, are significantly more permissive than originally outlined.

Alan Smith, who has long championed farmers being able to diversify their income, is surprised by the extent of the freedoms but doesn’t expect farmers to rush into anything.

“I was expecting to have to go to Council to get approval with consent, as some of these are things that need community input,” he says.

“Just because we can do it, doesn’t mean we should. There are lots of hidden costs that have to be taken into account.

Kiama Council has expressed surprise at the changes, however, CEO Jane Stroud says the new policy could provide a positive boost for the local economy by making it easier for farmers to start and operate agritourism businesses.

“Local businesses, including our farmers, have been through a tough few years, so I am broadly in favour of anything that helps them diversify their economic opportunities,” she says.

Farm tours will be in addition to the people allowed onto the farm for other experiences (eg. classes)

“Of course, any new business must comply with our DA process and planning policies and we need to carefully manage the implementation of the State policy in line with our local requirements.”

Exempt developments will be able to pop-up without neighbours being notified, risks being assessed and councils having limited compliance resources.

Amongst the unexpected changes allowed in RU1, RU2, RU4 zones as exempt developments (no council approval) are:

• farm gate premises for up to 100 visitors at a time, 7 days, in an existing building up to 200sqm
• farm experience premises for up to 50 people at a time (included in the farm gate total, excluding tours and school visits), 52 days a year (excluding tours and school visits), 7 days (including Fri and Sat 8am-midnight), using up to 200sqm of an existing building. No size limitation on landholding.
• farm stay accommodation for a max of 20 guests in tents, caravans and campervans (max 6 caravans and campervans), for up to 3 weeks a stay. On landholdings above 15ha for caravans and campervans.
• roadside stalls – one per property with a 9sqm footprint

Other activities allowed as complying developments (no DA but certifier approval) on RU1, RU2, RU4 zones are:

• new farm gate and experiences premises of a combined 500sqm
• six farmstay buildings of up to 60sqm floor area, for each 15ha landholding.

To avoid issues, Ms Stroud is calling on farmers wanting to take advantage of the changes to discuss their ideas with Council.

“While we fully support property owners in the area to diversify into agribusiness, as part of that process we also strongly encourage people to come in and discuss their plans with Council prior to commencement.

“This will help property owners fully understand the legal requirements, and hopefully prevent lengthy and costly compliance-related delays down the track.”

Hip Camp, a type of AirBNB for camping, is already marketing to farmers

Not all rural land in the LGA will be able to participate in these activities, as they restricted to working farm land (for tax or council rate purposes, with the main use of the land being the production of agricultural goods for commercial purposes).

It is now possible, however, for farmers to earn more from agritourism than their primary pursuit.

Due to an idiosyncrasy in the Kiama Local Environment Plan, the reforms will not come into effect here until February.

While welcoming different income sources, Councillor Karen Renkema-Lang says, “I would really have liked the local farmers to have had a say on this, and will be again advocating for Council to establish a Rural Futures group in the early new year.

“I’m particularly concerned about the impact of the new rules on infrastructure costs, land use conflicts and bio-security.”