New South Wales Consolidated Regulations

LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2014 - REG 5.24

5.24 Farm stay accommodation

(1) The objectives of this clause are as follows--

(a) to diversify the uses of agricultural land without adversely impacting the principal use of the land for primary production,

(b) to balance the impact of tourism and related commercial uses with the use of land for primary production, the environment, scenic values, infrastructure and adjoining land uses.

(2) Development consent must not be granted to development for the purposes of farm stay accommodation on a landholding unless the consent authority is satisfied all buildings or manufactured homes used to accommodate guests on the landholding will be--

(a) on the same lot as an existing lawful dwelling house, or

(b) on a lot of a size not less than the minimum lot size for a dwelling house to be permitted on the lot under an environmental planning instrument applying to the land.

(3) Subclause (2) does not apply if the development is a change of use of an existing dwelling to farm stay accommodation.

(4) Development consent must not be granted to development for the purposes of farm stay accommodation on land unless the consent authority has considered--

(a) whether the development will result in noise or pollution that will have a significant adverse impact on the following on or near the land--

(i) residential accommodation,

(ii) primary production operations,

(iii) other land uses, and

(b) whether the development will have a significant adverse impact on the following on or near the land--

(i) the visual amenity or heritage or scenic values,

(ii) native or significant flora or fauna,

(iii) water quality,

(iv) traffic,

(v) the safety of persons, and

(c) whether the development is on bush fire prone land or flood prone land, and

(d) the suitability of the land for the development, and

(e) the compatibility of the development with nearby land uses.