Changes commencing September 26th, 2025

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

Comparing the consolidation as at August 29th, 2025 with September 26th, 2025 · 65 changes

As at August 29th, 2025

As at September 26th, 2025

Part 2 > Division 1 > Subdivision 16E

Subdivision 16E Farm stay accommodation

Based on content from the New South Wales Legislation website sourced at 2025-09-26. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au.

This is an unofficial reproduction provided for convenience. It is not the official version of the legislation. For the official, in-force version, see legislation.nsw.gov.au.

— (a) for a change of use from residential accommodation—the existing building must have been lawfully erected, (b) for the use of a manufactured home—the manufactured home must have been lawfully constructed, (c) the development must not contravene an existing condition of the most recent development consent that applies to the landholding, (d) the number of buildings and manufactured homes used for the purposes of farm stay accommodation on the landholding must be no more than 6, (e) the number of guests, not including guests under 12 years of age, accommodated in the building or manufactured home at any one time must not be more than— (i) for a building or manufactured home without a bedroom—2, or (ii) otherwise—2 times the number of bedrooms, (f) each guest must not stay at the accommodation for more than 21 consecutive days, (g) an evacuation diagram displaying the following must be located in a prominent position at or near the accommodation— (i) directions to facilitate the safe evacuation of people from the site, (ii) contact details for emergency services, including for a bush fire, flood or other natural disaster, (h) vehicular or pedestrian access to the accommodation must not be directly from a freeway, highway or tollway within the meaning of the Roads Act 1993 , (i) an existing vehicular access point to a public road must comply with the lesser of— (i) a clear sight distance for vehicles leaving the premises of at least 300m, or (ii) the minimum car stopping sight distances set out in the Guide to Road Design Part 3: Geometric Design , Table 5.5, published by Austroads on 26 February 2021, (j) vehicles must be able to enter and exit the landholding in a forward direction, (k) car parking spaces must be located wholly within the boundaries of the landholding, (l) waste generated as a result of the development must be disposed of— (i) using a sewage reticulation system connected to the landholding, or (ii) using a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993 , section 68, or (iii) at a waste or resource management facility, (m) the on-site disposal of organic or putrescible waste must not have an adverse impact on the use of adjoining land. cl 2.32L: Ins 2022 (593), Sch 1[10]. Am 2024 (609), Sch 1[16] [24] [25]

2.32N Development standards—use of land for campervans, caravans and temporary shelters The following standards are specified for development referred to in clause 2.32K(1)(c)— (a) the development must not take place on significantly contaminated land, (b) the landholding must have an area of at least 15ha, (c) the number of campervans, caravans and other similar moveable dwellings, not including tents, annexes or other similar portable and lightweight temporary shelters, used for the purposes of farm stay accommodation on the landholding must be no more than 6, (d) the height of each moveable dwelling must be no more than 4.5m above ground level (existing), (e) the moveable dwellings must not be installed or placed within— (i) 6m of— (A) a building on the landholding, or (B) another moveable dwelling, other than a tent or other similar portable and lightweight temporary shelter, on the landholding, or (ii) 50m of a property boundary or waterway, or (iii) 250m of residential accommodation on— (A) adjacent land outside the landholding, or (B) land outside the landholding that is separated from the landholding by a road, or (iv) 250m of a property boundary for land used for the purposes of one of the following— (A) forestry, (B) intensive livestock agriculture, (C) intensive plant agriculture, (D) mines, (E) extractive industries, (F) rail lines, (G) rural industries, (f) the gross floor area of a part of an existing building used to provide communal amenities or facilities to guests must be no more than 25m 2 , (g) the number of guests accommodated in moveable dwellings on the landholding at any one time must not be more than 20, (h) each guest must not stay on the landholding for more than 21 consecutive days, (i) an evacuation diagram displaying the following must be located in a prominent position on the site— (i) directions to facilitate the safe evacuation of people from the site, (ii) contact details for emergency services, including for a bush fire, flood or other natural disaster, (j) vehicular or pedestrian access to the accommodation must not be directly from a freeway, highway or tollway within the meaning of the Roads Act 1993 , (k) an existing vehicular access point to a public road must comply with the lesser of— (i) a clear sight distance for vehicles leaving the premises of at least 300m, or (ii) the minimum car stopping sight distances set out in the Guide to Road Design Part 3: Geometric Design , Table 5.5, published by Austroads on 26 February 2021, (l) vehicles must be able to enter and exit the landholding in a forward direction, (m) car parking spaces must be located wholly within the boundaries of the landholding, (n) waste generated as a result of the development must be disposed of— (i) using a sewage reticulation system connected to the landholding, or (ii) using a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993 , section 68, or (iii) at a waste or resource management facility, (o) the on-site disposal of organic or putrescible waste must not have an adverse impact on the use of adjoining land, (p) if there are no human waste storage facilities on the landholding as part of communal amenities or facilities, each moveable dwelling must contain a human waste storage facility, (q) a human waste storage facility on the landholding must be emptied using— (i) a sewage reticulation system connected to the landholding, or (ii) a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993 , section 68 located on the landholding or off-site. cl 2.32N: Ins 2022 (593), Sch 1[10]. Am 2024 (609), Sch 1[16] [26]. 2.32O Development standards—decks, slabs and other platforms The following standards are specified for development referred to in clause 2.32K(1)(d)— (a) the development must not be carried out on significantly contaminated land, (b) the number of platforms constructed or installed on the landholding must be no more than— (i) 1 per 5ha, and (ii) 6 in total, (c) the platform must have an area of no more than 25m 2 , (d) the height of the platform must be no more than 1m above ground level (existing), (e) the platform must not be constructed or installed within— (i) 50m of a property boundary or waterway, or (ii) 250m of residential accommodation on— (A) adjacent land outside the landholding, or (B) land outside the landholding that is separated from the landholding by a road, or (iii) 250m of a property boundary for land used for the purposes of one of the following— (A) forestry, (B) intensive livestock agriculture, (C) intensive plant agriculture, (D) mines, (E) extractive industries, (F) rail lines, (G) rural industries, (f) a shelter installed on the platform must have an area of no more than 25m 2 , (g) a shelter installed on the platform must be no more than 4m tall. cl 2.32O: Ins 2022 (593), Sch 1[10].

Part 2 > Division 1 > Subdivision 16E

Subdivision 16E Farm stay accommodation

Farm stay accommodation pt 2, div 1, sdiv 16E: Ins 2022 (593), Sch 1[10]. 2.32K Specified development (1) The following development, if carried out on a relevant landholding, is specified for this code— (a) a change of use from residential accommodation to farm stay accommodation, (b) the use of a manufactured home for the purposes of farm stay accommodation, (b1) a change of use from farm stay accommodation to residential accommodation, if— (i) the farm stay accommodation was previously residential accommodation, and (ii) the change of use is to the same type of residential accommodation, (b2) a change of use from farm stay accommodation to the use of a manufactured home for the purposes of residential accommodation, if the manufactured home was previously used for residential accommodation, (c) the use of land for the purposes of farm stay accommodation that accommodates guests in one or more of the following— (i) campervans, (ii) caravans, (iii) tents, annexes or other similar portable and lightweight temporary shelters, (d) the construction, installation or replacement of a deck, slab or other platform, whether roofed or not— (i) to be used as an area for preparing, cooking or serving food in connection with farm stay accommodation, or (ii) on which either of the following will be installed— (A) a moveable dwelling to be used for the purposes of farm stay accommodation, (B) a shelter to be used for the purposes of preparing, cooking or serving food in connection with farm stay accommodation. (2) To be exempt development, the development must not be carried out on land— (a) declared to be a special area under the Water NSW Act 2014 , or (b) identified on the Agritourism and Farm Stay Accommodation Exempt and Complying Development Map , or (c) in a floodway within the meaning of the Flood Risk Management Manual . (2A) This clause does not apply to development under State Environmental Planning Policy (Housing) 2021 , Chapter 3, Part 13. (3) In this clause— relevant landholding means a landholding— (a) in Zone RU1, RU2 or RU4, or (b) on which development for the purposes of one of the following is permitted with or without development consent under an environmental planning instrument— (i) agritourism, (ii) extensive agriculture, (iii) intensive livestock agriculture, (iv) intensive plant agriculture. cl 2.32K: Ins 2022 (593), Sch 1[10]. Am 2022 (768), Sch 1[7]; 2023 (609), Sch 2.17[2] [6]; 2024 (609), Sch 1[23]; 2024 (651), Sch 2. 2.32L Development standards—change of use to, or use of manufactured home for, farm stay accommodation The following standards are specified for development referred to in clause 2.32K(1)(a) and (b)— (a) for a change of use from residential accommodation—the existing building must have been lawfully erected, (b) for the use of a manufactured home—the manufactured home must have been lawfully constructed, (c) the development must not contravene an existing condition of the most recent development consent that applies to the landholding, (d) the number of buildings and manufactured homes used for the purposes of farm stay accommodation on the landholding must be no more than 6, (e) the number of guests, not including guests under 12 years of age, accommodated in the building or manufactured home at any one time must not be more than— (i) for a building or manufactured home without a bedroom—2, or (ii) otherwise—2 times the number of bedrooms, (f) each guest must not stay at the accommodation for more than 21 consecutive days, (g) an evacuation diagram displaying the following must be located in a prominent position at or near the accommodation— (i) directions to facilitate the safe evacuation of people from the site, (ii) contact details for emergency services, including for a bush fire, flood or other natural disaster, (h) vehicular or pedestrian access to the accommodation must not be directly from a freeway, highway or tollway within the meaning of the Roads Act 1993 , (i) an existing vehicular access point to a public road must comply with the lesser of— (i) a clear sight distance for vehicles leaving the premises of at least 300m, or (ii) the minimum car stopping sight distances set out in the Guide to Road Design Part 3: Geometric Design , Table 5.5, published by Austroads on 26 February 2021, (j) vehicles must be able to enter and exit the landholding in a forward direction, (k) car parking spaces must be located wholly within the boundaries of the landholding, (l) waste generated as a result of the development must be disposed of— (i) using a sewage reticulation system connected to the landholding, or (ii) using a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993 , section 68, or (iii) at a waste or resource management facility, (m) the on-site disposal of organic or putrescible waste must not have an adverse impact on the use of adjoining land. cl 2.32L: Ins 2022 (593), Sch 1[10]. Am 2024 (609), Sch 1[16] [24] [25]; 2025 (528), Sch 1[5]. 2.32M Development standards—change of use to residential accommodation The following standards are specified for development referred to in clause 2.32K(1)(b1) and (b2)— (a) the former use must have been a lawful use, (b) the development must not contravene an existing condition of the most recent development consent that applies to the landholding. cl 2.32M: Ins 2022 (593), Sch 1[10]. Am 2025 (528), Sch 1[6]. 2.32N Development standards—use of land for campervans, caravans and temporary shelters The following standards are specified for development referred to in clause 2.32K(1)(c)— (a) the development must not take place on significantly contaminated land, (b) the landholding must have an area of at least 15ha, (c) the number of campervans, caravans and other similar moveable dwellings, not including tents, annexes or other similar portable and lightweight temporary shelters, used for the purposes of farm stay accommodation on the landholding must be no more than 6, (d) the height of each moveable dwelling must be no more than 4.5m above ground level (existing), (e) the moveable dwellings must not be installed or placed within— (i) 6m of— (A) a building on the landholding, or (B) another moveable dwelling, other than a tent or other similar portable and lightweight temporary shelter, on the landholding, or (ii) 50m of a property boundary or waterway, or (iii) 250m of residential accommodation on— (A) adjacent land outside the landholding, or (B) land outside the landholding that is separated from the landholding by a road, or (iv) 250m of a property boundary for land used for the purposes of one of the following— (A) forestry, (B) intensive livestock agriculture, (C) intensive plant agriculture, (D) mines, (E) extractive industries, (F) rail lines, (G) rural industries, (f) the gross floor area of a part of an existing building used to provide communal amenities or facilities to guests must be no more than 25m 2 , (g) the number of guests accommodated in moveable dwellings on the landholding at any one time must not be more than 20, (h) each guest must not stay on the landholding for more than 21 consecutive days, (i) an evacuation diagram displaying the following must be located in a prominent position on the site— (i) directions to facilitate the safe evacuation of people from the site, (ii) contact details for emergency services, including for a bush fire, flood or other natural disaster, (j) vehicular or pedestrian access to the accommodation must not be directly from a freeway, highway or tollway within the meaning of the Roads Act 1993 , (k) an existing vehicular access point to a public road must comply with the lesser of— (i) a clear sight distance for vehicles leaving the premises of at least 300m, or (ii) the minimum car stopping sight distances set out in the Guide to Road Design Part 3: Geometric Design , Table 5.5, published by Austroads on 26 February 2021, (l) vehicles must be able to enter and exit the landholding in a forward direction, (m) car parking spaces must be located wholly within the boundaries of the landholding, (n) waste generated as a result of the development must be disposed of— (i) using a sewage reticulation system connected to the landholding, or (ii) using a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993 , section 68, or (iii) at a waste or resource management facility, (o) the on-site disposal of organic or putrescible waste must not have an adverse impact on the use of adjoining land, (p) if there are no human waste storage facilities on the landholding as part of communal amenities or facilities, each moveable dwelling must contain a human waste storage facility, (q) a human waste storage facility on the landholding must be emptied using— (i) a sewage reticulation system connected to the landholding, or (ii) a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993 , section 68 located on the landholding or off-site. cl 2.32N: Ins 2022 (593), Sch 1[10]. Am 2024 (609), Sch 1[16] [26]. 2.32O Development standards—decks, slabs and other platforms The following standards are specified for development referred to in clause 2.32K(1)(d)— (a) the development must not be carried out on significantly contaminated land, (b) the number of platforms constructed or installed on the landholding must be no more than— (i) 1 per 5ha, and (ii) 6 in total, (c) the platform must have an area of no more than 25m 2 , (d) the height of the platform must be no more than 1m above ground level (existing), (e) the platform must not be constructed or installed within— (i) 50m of a property boundary or waterway, or (ii) 250m of residential accommodation on— (A) adjacent land outside the landholding, or (B) land outside the landholding that is separated from the landholding by a road, or (iii) 250m of a property boundary for land used for the purposes of one of the following— (A) forestry, (B) intensive livestock agriculture, (C) intensive plant agriculture, (D) mines, (E) extractive industries, (F) rail lines, (G) rural industries, (f) a shelter installed on the platform must have an area of no more than 25m 2 , (g) a shelter installed on the platform must be no more than 4m tall. cl 2.32O: Ins 2022 (593), Sch 1[10].