FAQs

“Agritourism” is a tourism-related experience or product that connects people to agricultural products, people, or places with visitors to a farm.

As defined under The Hills Local Environmental Plan 2019 the term covers farm gate premises and farm experience premises, however, the proposed changes to permissibility under the planning proposal relate only to the term farm gate premises.

You can read the full definitions in The Hills Local Environmental Plan 2019 found in the Documents Section.

The State Government has carried out a range of reforms to the planning system in recent years that seek to make it easier for farmers to diversify their income from farming businesses whilst maintaining primary production as the principal use.

This included the introduction of new land use terms such as ‘agritourism’, ‘farm experience premises’ and ‘farm gate premises’ and amendments to the definition of ‘farm stay accommodation’.

As part of the Government reforms, the new land use terms are now permitted in the RU1 Primary Production zone and the RU2 Rural Landscape zone under The Hills Local Environmental Plan LEP 2019. Extending permissibility to the RU6 Transition zone has been a matter for Council consideration.

In addition, the Government has introduced two new optional clauses for ‘farm stay accommodation’ and ‘farm gate premises’ into the statewide Standard Instrument Local Environmental Plan that set out a range of considerations for the assessment of development applications. Councils can elect to include these clauses in their LEP.

More information on the background to the current planning proposal is available in the Council and Local Planning Panel Report in the Documents Section.

In terms of proposed changes to permissibility, this planning proposal relates to land zoned RU6 Transition under The Hills Local Environmental Plan (LEP) 2019.

In terms of the proposed inclusion of optional clauses for farm stay accommodation and farm gate premises, the planning proposal relates to land where these land uses are permitted (or are proposed to be permitted) under LEP 2019. This includes the following land use zones:

• RU6 Transition 
• RU1 Primary Production 
• RU2 Rural Landscape 

It is noted that farm stay accommodation is also permitted with consent in the MU1 Mixed Use zone and SP3 Tourist zone, given the term is a subset of ‘tourist and visitor accommodation’ which is mandated as a permitted use in these zones under the Government’s Standard Instrument Local Environmental Plan.

It is not anticipated there will be uptake of the opportunity in these locations given the requirement for farm stay accommodation to take place on a commercial farm.

Farm gate premises provide visitors to a farm with agricultural products predominantly from the farm or services or activities related to the products.

This includes cellar door premises as a separately defined term and includes uses such as shopfronts with produce tastings, farmgate sales, cooking classes or fruit-picking experiences.

It should be noted that one of the requirements for these farm activities to occur is that there must be an existing commercial farm in operation on the property.

You can read the full definition in The Hills LEP 2019 in the Documents Section.

Farm stay accommodation provides temporary accommodation to paying guests of the farm, including in buildings or moveable dwellings (such as tents and caravans).

It should be noted that one of the requirements for these farm activities to occur is that there must be an existing commercial farm in operation on the property. 

You can read the full definition in The Hills LEP 2019 in the Documents Section. 

The new and revised land use terms only apply to commercial farms.

Commercial Farm means a farm on which agriculture is undertaken that is —

1. On land categorised as farmland under the Local Government Act 1993, section 515, or
2. A primary production business within the meaning of the Income Tax Assessment Act 1997 of the Commonwealth, or part of a primary production business, including a business that —
   1. Was a primary production business, and
   2. Has temporarily ceased to be a primary production business because of a natural disaster, including a drought, flood or bushfire.

In the context of The Hills Shire, approximately 5.6% (around 283) of RU1, RU2 and RU6 zoned lots are likely to meet the above requirements and therefore be eligible for agritourism development.

Any submissions and stakeholder feedback received during the exhibition will be reviewed and will be subject to a post-exhibition report for Council’s consideration.

This will enable Council to consider feedback received and determine whether or not to proceed with the Planning Proposal (with or without amendment having consideration to any submissions and feedback received).

This is likely to happen by mid-2024.

The Planning Proposal will be on public exhibition from Monday 12 February 2024 until Friday 22 March 2024.