New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 2.32K

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.