A bitter legal feud has broken out between the heirs of one of Australia's most prominent retail dynasties, pitting brother against sister in a high-stakes planning dispute over a multimillion-dollar beachfront property in Victoria.
The Heart of the Family Dispute
Celia Burrell and her brother, Richard Shelmerdine, both descendants of the famed Myer family, are now adversaries in the Victorian Civil and Administrative Tribunal (VCAT). The conflict centres on Ms Burrell's approved plans to construct a $3 million, three-storey home on land she purchased from Mr Shelmerdine in 2011 for $3.4 million. The plot sits adjacent to her brother's own property in the exclusive coastal town of Sorrento on the Mornington Peninsula.
Despite receiving the green light from the Mornington Peninsula Shire Council, Mr Shelmerdine has launched an appeal to overturn the decision. He is joined in his objection by a neighbouring property developer, Martin Strode, who also owns a multi-storey beach house next to the contested land.
Privacy, Preservation and 'Unacceptable' Impact
Court documents reveal that a primary concern for Richard Shelmerdine is a severe loss of privacy. He argues that the design of the proposed driveway, combined with the land's topography, would allow pedestrians and vehicle occupants a direct sightline into his family's private spaces.
"Car lights at night will also cause significant disruption," his objection states, highlighting the potential intrusion into his children's bedrooms and dining area.
Together, Mr Shelmerdine and Mr Strode have raised several other objections to the design, claiming the dwelling is:
- Too bulky and exceeds the approved building envelope.
- Unsympathetic to the surrounding landscape.
- Likely to cause unacceptable destruction of coastal moonah vegetation, including the loss of a significant tree.
Further issues cited include the unauthorised removal of a shared driveway fence and excavation work that could disrupt the historical flow of the nearby 1803 Parade Ground.
Council and Developer Defend the Plans
The Mornington Peninsula Shire Council is vigorously defending its original approval. In its submissions to VCAT, the council contends that Ms Burrell's beach house design is consistent with the character and form of nearby housing in the prestigious Sullivan Bay area.
The council maintains the development would not create unreasonable problems with overlooking, overshadowing or building bulk. Celia Burrell echoes this stance in her own legal submissions, arguing her home "will not unreasonably impact the amenity of surrounding properties."
In a pointed counter-argument, Ms Burrell referenced her brother's own successful VCAT appeal from 2010. On that occasion, Mr Shelmerdine – who had purchased the larger 122-hectare site in 2008 for a record $18.4 million – won the right to subdivide the land after an initial council block. She asserts that her current proposal does not conflict with the principles established in that earlier tribunal victory.
A three-day hearing was concluded in December, with a final ruling from VCAT expected later this year. The outcome will determine the fate of the prime Sorrento plot, currently occupied only by an old boat shed, and could reshape the relationship within one of Australia's most notable business families.
