New South Wales Consolidated Regulations New South Wales Consolidated RegulationsNote 1--: Complying development under the Agritourism and Farm Stay Accommodation Code must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2021 and the conditions listed in this Schedule.
Note 2--: The Environmental Planning and Assessment Regulation 2021 , Part 6, Division 5 specifies conditions to which certain complying development certificates are subject.
Note 3--: In addition to the requirements specified for development under this Policy, adjoining owners' property rights, applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply.
Note 4--: If the development is in the proximity of infrastructure, including water, stormwater or sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.
Note 5--: Under the Act, section 4.29, a complying development certificate lapses 5 years after the date specified on the certificate, unless the development has physically commenced on the land during the period.
The conditions specified in this Part apply to complying development under the Agritourism and Farm Stay Accommodation Code.
(1) A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining land before works commence.
(2) The temporary hoarding or temporary construction site fence must be kept in place until the works are completed if the works--(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or(b) could cause damage to adjoining land by falling objects, or(c) involve the enclosure of a public place or part of a public place.
(1) 1 toilet, plus 1 additional toilet for every 20 persons working at the work site, must be available at the site before works commence and maintained until the works are completed.
(2) Each toilet must--(a) be a standard flushing toilet connected to a public sewer, or(b) have an on-site effluent disposal system approved under the Local Government Act 1993 , or(c) be a temporary chemical closet approved under the Local Government Act 1993 .
(1) A waste management plan for the works must be submitted to the principal certifier at least 2 days before works commence.
(2) The waste management plan must specify the following--(a) all waste, including construction, demolition and excavation waste, that will be generated by the works,(b) the quantity of waste, in cubic metres and tonnes, that will be--(i) reused on site, and(ii) recycled on and off site, and(iii) disposed of off site,(c) if waste will be reused or recycled on site--how the waste will be reused or recycled on site,(d) if waste will be recycled or disposed of off site--(i) the person who will transport the waste, and(ii) the waste or resource management facility to which the waste will be taken.
(3) If the development will involve the disposal of liquid trade waste into a council sewer, an approval obtained under the Local Government Act 1993 , section 68 must be given to the principal certifier before works commence.
(4) At least 1 garbage receptacle must be provided at the work site before works commence and maintained until the works are completed.
(5) Each garbage receptacle must--(a) be suitable for the disposal of food scraps and papers, and(b) have a tight-fitting lid.
Run-off and erosion controls must be implemented to prevent soil erosion, water pollution and the discharge of loose sediment on surrounding land by--
(a) diverting uncontaminated run-off around cleared or disturbed areas, and
(b) erecting a silt fence and using other necessary sediment control measures to prevent debris escaping into drainage systems, waterways and adjoining properties, and
(c) preventing the tracking of sediment onto roads by vehicles, and
(d) stockpiling top soil, excavated materials and construction and landscaping supplies and debris at the work site.
(1) The tree protection measures specified in this clause must--(a) be in place before works commence, and(b) be maintained in good condition until the works are completed.
(2) A tree guard must be installed around the trunks of--(b) protected trees on the landholding that are within 10m of a new building or moveable dwelling, and(a) other trees that will be retained on the landholding that are within 6m of a new building or moveable dwelling.
(3) The tree guard must be made of hardwood timber panels that are--(a) at least 2m long, at least 75mm wide and at least 25mm thick, and(b) spaced no more than 80mm apart, and(c) secured, but not permanently fixed, to the tree.
(4) A fence or barrier must be erected, in accordance with section 4 of the Standard, around the tree protection zone of each protected tree on the landholding that is within 6m of a new building or moveable dwelling.
(5) An activity referred to in section 4.2 of the Standard must not be carried out within the tree protection zone of a tree on the landholding or adjoining land.
(6) If temporarily installing or accessing scaffolding within the tree protection zone of a protected tree or other tree that will be retained on the landholding, the tree protection measures specified in sections 4.5.3 and 4.5.6 of the Standard must be implemented.
(7) In this clause--
"tree protection zone" has the same meaning as in section 3.2 of the Standard.
"the Standard" means AS 4970--2009, Protection of trees on development sites .
Note--: A separate permit or development consent may be required if the branches or roots of a protected tree on the landholding or adjoining land must be pruned or removed.
Note--: The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2017 contain provisions relating to noise.
(1) Works may only be carried out between 7am and 5pm on Monday to Saturday.
(2) Works may be carried out outside the hours specified in subclause (1)--(a) if the noise generated is not louder than, in accordance with the document entitled Interim Construction Noise Guideline published by the Department of Environment and Climate Change NSW in July 2009--(i) 5dB(A) above the rating background level at residential accommodation on adjoining land, and(ii) the noise management levels specified in Table 3 of the guideline at other sensitive receivers, or(b) in an emergency, to avert danger to life or to prevent damage to property or environmental harm.
(3) Works must not be carried out on a Sunday or public holiday.
Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.
Demolition must be carried out in accordance with AS 2601--2001, The demolition of structures .
(1) Materials and equipment must be stored wholly within the work site, unless stored elsewhere in accordance with an approval.
(2) Waste, including construction, demolition and excavation waste, must be--(a) managed on site, and(b) recycled or disposed of at a waste or resource management facility, unless the waste is reused or recycled on site.
(3) Run-off and erosion controls must be maintained until the works are completed.
(4) The loads of vehicles entering or leaving the site must be covered.
(5) All vehicles must, before leaving the site, be cleaned to remove dirt, sand and other material that could be tracked onto roads.
(6) The site must be clear of waste and debris at the completion of the works.
(1) Earthworks, including structural supports and other related structures for the purposes of the development, must not--(a) cause a danger to life or property, or(b) cause damage to a building on the landholding or adjoining land, or(c) cause sediment to settle on adjoining land, or(d) redirect the flow of surface or ground water.
(2) Fill brought to the site must only contain--(a) virgin excavated natural material, within the meaning of the Protection of the Environment Operations Act 1997 , Schedule 1, Part 3, or(b) material to which a resource recovery exemption applies under the Protection of the Environment Operations (Waste) Regulation 2014 , or(c) a combination of the materials referred to in paragraphs (a) and (b).
(1) If a roof is being installed in connection with the erection or alteration of, or additions to, a building, the roof stormwater drainage system must be installed and connected to the drainage system before the roof is installed.
(2) If an approval under the Local Government Act 1993 is required to carry out the connection to the drainage system, the approval must be obtained before the connection is carried out.
(1) If the landholding is found to be contaminated, within the meaning of the Contaminated Land Management Act 1997 , during the works--(a) the works must stop immediately, and(b) the Environment Protection Authority and the council must be notified.
(2) For the purposes of this clause, the landholding is found to be contaminated if either of the following know or should reasonably suspect the landholding is contaminated--(a) the principal certifier,(b) the person having the benefit of the complying development certificate.
Note--: Depending on the nature and level of the contamination, remediation of the land may be required before the works may continue.
If an object having interest due to the object's age or association with the past is uncovered during the works--
(a) the works carried out in the area must stop immediately, and
(b) the Environment and Heritage Coordinator-General must be notified.
Note--: Depending on the significance of the object, an archaeological assessment and excavation permit under the Heritage Act 1977 may be required before the works may continue.
If an Aboriginal object, including evidence of habitation or remains, is discovered during the works--
(a) the excavation or disturbance of the area must stop immediately, and
(b) the person who made the discovery must notify the Secretary of the Department of Planning and Environment in accordance with the National Parks and Wildlife Act 1974 , section 89A.
Note--: If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974 .
(1) If the works involve altering or relocating utility services on the landholding or adjacent land, the works are not taken to have been completed until the alteration or relocation is completed.
(2) If the works are the subject of a notice of requirements for water supply or sewerage services, or both, by a local water utility or an entity authorised by a local water utility--(a) the works must be satisfactorily completed, and(b) monetary contributions required to be paid to the local water utility must be paid before the occupation certificate is issued.
(3) If a compliance certificate is granted in relation to the works under the Sydney Water Act 1994 , section 73--(a) the works must be satisfactorily completed, and(b) monetary contributions required to be paid to the Sydney Water Corporation must be paid before the occupation certificate is issued.
(4) In this clause--
"local water utility" has the same meaning as in the Water Management Act 2000 .
An evacuation diagram displaying the following must be located in a prominent position at or near the farm gate premises, farm experience premises or farm stay accommodation--
(a) directions to facilitate the safe evacuation of people from the site,
(b) contact details for emergency services, including for a bush fire, flood or other natural disaster.
(1) Waste must be disposed of--(a) using a sewage reticulation system connected to the landholding, or(b) 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(c) at a waste or resource management facility.
(2) The on-site disposal of organic or putrescible waste must not have an adverse impact on the use of adjoining land.
(3) A human waste storage facility on the landholding must be emptied using--(a) a sewage reticulation system connected to the landholding, or(b) a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993 , section 68.
The conditions specified in this Part apply to complying development under the Agritourism and Farm Stay Accommodation Code for the purposes of farm experience premises.
If the works involve installing a mechanical ventilation system that is a regulated system within the meaning of the Public Health Act 2010 , the relevant person must be notified in accordance with the Public Health Regulation 2022 before an occupation certificate is issued.
If the works relate to a food business within the meaning of the Food Act 2003 , the conduct of the business must be notified, if required, under the Act and a licence issued in accordance with the Food Regulation 2015 before an occupation certificate is issued.
At least 1 week before the premises open to visitors, notice of the following must be given to neighbours likely to be affected by the land use--
(a) the location of the premises,
(b) the date on which the premises will open to visitors,
(c) the opening hours of the premises.
(1) The premises must not be open to visitors, excluding visitors participating in farm tours, horse riding tours and school groups, for more than 52 days each year, including no more than 4 events held on a Friday or Saturday after 6pm that involve amplified noise.
(2) The premises must not be open to visitors outside the following hours--(a) on Sundays, Mondays, Tuesdays, Wednesdays, Thursdays or public holidays--8am to 6pm,(b) on Fridays and Saturdays--8am to midnight.
(1) The number of visitors, excluding visitors participating in farm tours, horse riding tours and school groups, to all farm experience premises on the landholding at any one time must not be more than 50.
(2) The total number of visitors, excluding visitors participating in fruit and produce picking, farm tours, horse riding tours and school groups, to all farm experience premises and farm gate premises on the landholding at any one time must not be more than 100.
The conditions specified in this Part apply to complying development under the Agritourism and Farm Stay Accommodation Code for the purposes of farm gate premises.
If the works involve installing a mechanical ventilation system that is a regulated system within the meaning of the Public Health Act 2010 , the relevant person must be notified in accordance with the Public Health Regulation 2022 before an occupation certificate is issued.
If the works relate to a food business within the meaning of the Food Act 2003 , the conduct of the business must be notified, if required, under the Act and a licence issued in accordance with the Food Regulation 2015 before an occupation certificate is issued.
The premises must not be open to visitors outside the following hours--
(a) on Sundays, Mondays, Tuesdays, Wednesdays, Thursdays, Fridays or public holidays--8am to 5pm,
(b) on Saturdays--7am to 5pm.
(1) The number of visitors, excluding visitors participating in fruit and produce picking, to all farm gate premises on the landholding at any one time must not be more than 100.
(2) The total number of visitors, excluding visitors participating in fruit and produce picking, farm tours, horse riding tours and school groups, to all farm experience premises and farm gate premises on the landholding at any one time must not be more than 100.
The conditions specified in this Part apply to complying development under the Agritourism and Farm Stay Accommodation Code for the purposes of farm stay accommodation.
A building used for the purposes of farm stay accommodation must comply with the relevant requirements of the Short-term Rental Accommodation Fire Safety Standard approved by the Planning Secretary and published on the Department's website, as in force from time to time.
The number of guests, not including guests under 12 years of age, accommodated in a building used for the purposes of farm stay accommodation at any one time must not be more than--
(i) if the building has no bedrooms--2, or
(ii) otherwise--2 times the number of bedrooms.
Each guest must not stay at the accommodation for more than 21 consecutive days.