Planning Victoria: New laws allow farmers to build worker accommodation

On 40ha or more? New amendments could mean you don’t need a planning permit to build accommodation for your workers.

Farmers will now be able to build accommodation for up to 10 workers on 40ha or more without a planning permit, under amendments that came into effect this week.

Worker accommodation is defined under the amendment as a residential building on “land used to accommodate a person engaged in agricultural production, away from their normal place of residence”.

The VC202 amendment has already led to questions from the Victorian Farmers Federation and councils on how the new rule will be policed, given it could be used by farmers to build homes or tourism units and brand them as worker accommodation.

One rural planner said that once built it would be very difficult for councils to stop a farmer using worker accommodation for tourists or as a permanent residential dwelling.

VC202 states rural worker accommodation:

MUST be used in conjunction with agriculture on the same land or contiguous land in the same ownership.

MUST be used exclusively for accommodating workers engaged on the same land or contiguous land in the same ownership.

MUST be the only accommodation other than a dwelling on the same land or contiguous land in the same ownership.

MUST be on the same lot as an existing dwelling.

The lot used for a dwelling must meet the following requirements:

ACCESS to the dwelling must be provided via an all-weather road with dimensions adequate to accommodate emergency vehicles.

EACH dwelling must be connected to reticulated sewerage, if available.

IF RETICULATED sewerage is not available all wastewater from each dwelling must be treated and retained within the lot in accordance with the requirements of the Environment Protection Regulations under the Environment Protection Act 2017 for an on-site wastewater management system.

THE dwelling must be connected to a reticulated potable water supply or have an alternative potable water supply with adequate storage for domestic use as well as for fire fighting purposes.

THE dwelling must be connected to a reticulated electricity supply or have an alternative energy source.

Accommodation to house more than 10 workers requires a planning permit.

A full copy of the VC202 can be found here.