A new definition for gross floor area (GFA) has now come into effect in NSW and it is great news for the booming retirement and aged care industry.

The new GFA definition applies to Part 5 of the Housing SEPP and commenced on 18 August 2023 and provides much-needed certainty in an industry that is growing year-on-year.

The rationale for change was the assessment of an Ethos Urban seniors housing State Significant Development Application, where the State’s planning department formed a position based on in-house legal advice that the former GFA definition within the Housing SEPP for seniors housing was not applicable. As a consequence, the Department’s position was that the GFA definition from the Standard Instrument LEP must then be applied to all seniors housing developments.

This position is contrary to the purpose of having a seniors housing specific GFA definition. It created uncertainty by halting the progress of a number of seniors housing projects.

The new GFA definition will deliver the following benefits:

• Seniors housing gains access to GFA exclusions for the first time, including common vertical circulation and voids.
• Existing GFA exclusions for seniors housing, such as in the basement of a residential care facility and ancillary storage, continue to apply.
• Ambiguity will be eliminated by clearly defining that services below ground level of a residential care facility are excluded from GFA when the level is defined as a ‘basement’.
• All parking is excluded from GFA, including spaces exceeding the minimum standards of the Housing SEPP (contrary to the Department’s previous legal position).
• The GFA definition for seniors housing aligning with how GFA is calculated for all other developments in NSW, not only standardising the GFA definition but also incorporating additional senior housing specific exclusions.
• The new GFA definition will apply retrospectively to all seniors housing applications currently under assessment but not determined.

Reach out to us at [email protected] to obtain a copy of the amended planning policy.