Unprecedented action saves single mum’s dream Silverdale build

A single mother of five told to demolish a granny flat midway through its construction will be able to sleep easier following special intervention by the state government.

A single mother of five wrongly ordered to stop building an approved granny flat has been given the green light by the state government.

But another woman’s family faces “a second winter in a caravan and a shed” because of the airport debacle.

One month after The Saturday Telegraph exposed the case, the Department of Planning has made an unprecedented legal exemption for Kayla Rosso’s Silverdale property.

The amendment was published Friday within the Aerotropolis State Environmental Planning Policy – which are the rules governing properties surrounding the $11 billion Western Sydney Airport.

It means she can soon recommence the project, which has been on hold for almost a year and already cost her $70,000.

“I thought I was getting a half-baked outcome but the result is pretty good,” she said. “It has been well worth the battle and is a weight lifted off my shoulders.”

Silverdale resident Kayla Rosso with daughter Mariah at their property which she had been ordered to demolish but has now been given permission to keep. Picture: Sam Ruttyn

She hopes to have the granny flat completed as soon as possible so a family member can move in.

After October 2020 homeowners near the airport have been banned from building secondary dwellings because of fears the 24/7 airport will create unbearable aircraft noise in some areas beyond 2050.

However, a small number of homeowners affected in the Wollondilly local government area claim they were not told, and it seems Wollondilly Council didn’t know either.

Miss Rosso, whose kids are all under eight, received DA approval in March 2021 to put a granny flat on her 700 sqm block.

She paid the $7000 DA fee and the tradies commenced work.

But those works stopped after the council sent her a demolition notice.

Kayla Rosso in the granny flat with daughter Mariah (1yr old) and sons Kingston (blue shirt) and Levi (green shirt). Picture: Sam Ruttyn

Wollondilly Mayor Matt Gould said earlier this week the department “brought in the changes in October 2020 without any meaningful community consultation”.

But the Department of Planning said Wollondilly Council was closely consulted on the rules around second dwellings and was well aware of the timing of this policy.

“Any issues surrounding delays on the finalisation of applications before the October 2020 deadline is a matter for Wollondilly Council,” a department spokesman said.

“An amendment to the Aerotropolis SEPP has been made to enable the completion of a secondary dwelling at (Miss Rosso’s property).  

“This exception was made due to work on the dwelling in question having already been substantially progressed on the site.”

Kayla Rosso said she was very happy with the outcome. Picture: Sam Ruttyn

The news is not so good for fellow Silverdale residents Lisa and Tim Osborn who have already lost $300,000 as a result of the bungle.

They sold their family home after being told by Wollondilly Council they would be allowed to build two dwellings on their newly purchased 11.3ha property south of Warragamba.

The second home would be for their son Ryan Osborn, fiancee Rhiannon Sayers and granddaughter Scout.

But five months after accepting (but not approving) their DA, requesting thousands of dollars worth of council reports and using seven different planning staff, the council belatedly called Mrs Osborn in March last year telling her she couldn’t build two homes on the block.

They are living in a shed and a caravan as a result of the debacle.

This week she wrote to Planning Minister Anthony Roberts seeking an exemption on compassionate grounds.

“Without that exemption it is looking like we will end up in the Land and Environment Court,” she said.

“It also means a second winter in a caravan and a shed. It’s heartbreaking.”

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