Summary
The Land and Environment Court of New South Wales has delivered a recent judgment considering the interpretation of the definition of ‘gross floor area’ (GFA) as set out in the Standard Instrument – Principal Local Environmental Plan.
GFA calculations are one of the more complex aspects of the NSW planning system, however, with the growing body of case law, it is becoming increasingly clear as to what will be included or excluded from this calculation. The recent decision of Dixon SC in Malass v Strathfield Municipal Council [2022] NSWLEC 1160 (Malass) has contributed to this body of case law, with the judgment clarifying the scope of item (g) in the definition of what is excluded from GFA calculation, being the space allocated to car parking and access to same. [...]
