The Difference Between Ecotourism vs Agritourism in the NSW Planning System (And Why It Matters)

In NSW, the difference between “ecotourism” and “agritourism” isn’t just marketing language. It’s about how the proposal is determined by your Local Environmental Plan (LEP), which controls permissibility, assessment tests and (sometimes) whether a streamlined approval pathway is available via different legislation.

At a high level:

  • Agritourism is expressly treated as a form of agriculture under the Standard Instrument (Local Environmental Plans) definitions. 

  • Ecotourism is typically assessed as an eco-tourist facility—a distinct land use with its own consent “test” focused on protecting and showcasing ecological/cultural values. 


How is agritourism characterised in NSW LEPs?

Agritourism sits inside “agriculture”

Under the Standard Instrument dictionary:

  • “Agriculture” includes “agritourism”. 

  • “Agritourism” means farm gate premises and farm experience premises. 

What does that look like on the ground?

Farm experience premises are defined as small-scale, low-impact visitor activities on a commercial farm (examples include horse riding, farm tours, functions/conferences, and farm field days etc). 

Farm gate premises are defined as a place on a commercial farm used to provide visitors (commercially) with agricultural products predominantly from the farm, including activities like processing/packaging/sale, food and drink for consumption on-site, tastings/workshops, and information/education—and it includes cellar door premises. 

The common “gotcha” - farm stay is a different land-use label

In plain English, people often bundle “farm stay” into agritourism. In LEP terms, it’s usually separate.

Farm stay accommodation is defined as temporary accommodation to paying guests on a commercial farm and ancillary to the farm (the farm should be the primary source of income). 

Importantly, farm stay accommodation is a type of “tourist and visitor accommodation” under the Standard Instrument definition. 

So, on many sites, you’re dealing with two related (but different) planning labels:

  • Agritourism = farm gate + farm experience (agriculture) 

  • Farm stay accommodation = overnight stays (tourist and visitor accommodation) 


How ecotourism is characterised: “eco-tourist facility”

An eco-tourist facility is defined as short-term accommodation (commercially) that is located in or adjacent to an area with special ecological/cultural features and is sensitively designed/located to minimise footprint and ecological/visual impacts. 

Eco-tourist facilities are not “tourist and visitor accommodation” under the Standard Instrument (and “tourist and visitor accommodation” specifically excludes eco-tourist facilities). 

The big difference: the clause 5.13 “satisfaction test”

Where an LEP permits eco-tourist facilities with consent, clause 5.13 requires the consent authority to be satisfied about certain matters. In practice, the assessment is driven by themes like:

  • a demonstrated connection to the site’s ecological/environmental/cultural values,

  • minimising impacts and conserving the natural environment,

  • careful siting/design to minimise visual intrusion, and

  • an ongoing management strategy, including monitoring/review (with reference to ISO 14000-style environmental management approaches). 

In other words: ecotourism is not assessed as “just another accommodation type”—it’s assessed through a site-values, low-impact design and management lens.

Approval pathways and development standards: where things really diverge

Agritourism / farm stay: potential streamlined pathways (if you fit the relevant code)

NSW’s Codes SEPP (State Environmental Planning Policy (Exempt and Complying Development Codes) 2008) is designed to provide streamlined exempt and complying pathways for development that meets set standards. 

It includes an Agritourism and Farm Stay Accommodation Code. 

That code comes with:

  • mapped exclusions (development must not be on land identified on the Agritourism and Farm Stay Accommodation Exempt and Complying Development Map), 

  • and operational/intensity controls for farm stay accommodation, such as caps on the number of farm stay buildings/manufactured homes per landholding and a maximum consecutive stay for the same guests. 

  • separation controls to certain sensitive uses/boundaries in specified circumstances. 

There are also standard conditions for complying development under the code, including that a building used for farm stay accommodation must comply with certain Fire Safety Standard. If you don’t meet the code (or exclusions apply), you’re generally back to a DA assessed against the LEP, DCP and relevant SEPPs.

Some LEPs adopt additional Standard Instrument clauses that add specific DA considerations, for example:

  • Clause 5.24 (Farm stay accommodation) includes a threshold test linking guest accommodation to an existing lawful dwelling house (or minimum lot size pathway), plus a list of impact matters the consent authority must consider (noise/pollution, scenic/heritage, flora/fauna, water quality, traffic, safety, bushfire/flood, compatibility). 

  • Clause 5.25 (Farm gate premises) contains a similar “consideration” list (noise/pollution, environmental/visual impacts, water, traffic, safety/hazards, compatibility). 

Because these are optional, it’s important to check whether your specific LEP includes them. 

For eco-tourist facilities, the key planning hurdle is typically the clause 5.13 satisfaction test (where the LEP permits the use), backed by strong site analysis, low-impact design, servicing/waste strategy and an environmental management approach.


A simple “planning lens” comparison

Agritourism (farm gate / farm experience and often farm stay)

  • Core planning idea: diversify farm income without undermining farming as the principal use

  • Characterisation: agritourism = agriculture; farm stay = tourist and visitor accommodation 

  • Controls: may include a Codes SEPP pathway (where eligible) for complying development

Ecotourism (eco-tourist facility)

  • Core planning idea: visitor accommodation and experience that is demonstrably connected to (and protective of) ecological/cultural values

  • Characterisation: distinct land use, not tourist and visitor accommodation 

  • Controls: A development application is required and the assessment focus is clause 5.13’s site-values, low-impact design and management requirements

Practical takeaway: the two questions to start with

If you’re trying to work out “what you’ve got” on a site, start here:

  1. What is the correct LEP land-use label?
    Farm gate / farm experience / farm stay vs eco-tourist facility. 

  2. Is a streamlined pathway available?
    For some agritourism/farm stay proposals, the Codes SEPP may provide an exempt/complying route (subject to mapped exclusions and standards). This is not available for eco-tourist facilities.


If you’re weighing up an agritourism or ecotourism concept in NSW, Blue Sky Planning and Environment can help you confirm the correct land use, check permissibility, and map out a realistic approval pathway before you invest heavily in design.

Previous
Previous

Streamlining a Time-Critical Rural Industry Expansion in Taree

Next
Next

Local Housing Strategy for Bogan Shire Council