Cathy Law
01 November 2022, 3:40 AM
Local farmers will have to wait until February for the State changes to the rules on agri-tourism activities to apply to them.
The changes are designed to cut red tape and make it easier for farmers to start, run and grow agri-tourism businesses such as farm stays, farm shops, cafes, restaurants and small wedding reception venues.
These activities will be permitted uses, meaning they can be fast tracked as complying developments.
They will not apply to all rural land, but only on land being used as a commercial farm. The State has defined a 'commercial farm' as either land rated as farmland or a primary production business for the purpose of the ATO.
The changes are due to come into effect across the state on 1 December, despite continuing opposition by some LGAs, but it was not until the detail was released recently that it became evident it wouldn’t apply to the Kiama Local Environment Plan then.
Strangely, this is because since 2011 agriculture hasn’t been permissible as a top level activity on rural land. Instead, only subsets of agriculture are permissible.
The Pines has long been interested in on-farm activities
“It is a nuance we didn’t realise would affect things until the specific wording of the order was in place,” says Director Environmental Services Jessica Rippon.
“We have supported the changes, and are working actively with the Department so they are clear about our current controls and how their changes will feed into that.
“We are trying to encourage this type of development within our LGA, but a lot of it is outside our control.”
The necessary changes will come into force some time in February.
Alan Smith, of Jerrara Creek Farm on Jamberoo Road, is someone who is wanting to take advantage of the new rules. He is frustrated by this further delay.
“It is another example of constantly being tripped up by decisions made by Council in the past in an effort to control people rather than use enforcement powers,” he says.
According to his research, the potential for agri-tourism could generate $67.32 million a year for the LGA’s economy.
“If just five per cent of the $67 million was applied to the Jamberoo area, that’s roughly $3.5 million p.a. of potential driving past the farm, as we are on the only road to Jamberoo from Kiama,” says Mr Smith.