A bitter legal dispute has erupted between the heirs of one of Australia's most prominent retail dynasties, pitting sibling against sibling in a high-stakes planning battle over a multimillion-dollar beachfront property in Victoria's exclusive Sorrento.
The Heart of the Coastal Conflict
Celia Burrell and her brother, Richard Shelmerdine, both descendants of the famed Myer department store family, are locked in a fight at the Victorian Civil and Administrative Tribunal (VCAT). The conflict centres on Ms Burrell's approved plans to construct a $3 million, three-storey home facing Sullivan Bay on the Mornington Peninsula. The plot, part of an exclusive row of beachfront homes, was purchased by Ms Burrell from Mr Shelmerdine back in 2011 for $3.4 million and remains largely undeveloped, hosting only an old boat shed.
Despite receiving the green light from the Mornington Peninsula Shire Council, Mr Shelmerdine has launched an appeal to overturn the decision. His primary objection, as detailed in court documents, revolves around privacy. He argues the design, due to the land's topography, would allow pedestrians and drivers using the planned driveway to peer directly into his private open space, including his children's bedrooms and dining room. He also cites disruption from car headlights at night.
Objections Overlook, Bulk and Environment
Mr Shelmerdine is not alone in his opposition. He has been joined by neighbouring property developer Martin Strode, who owns a multi-storey beach house adjacent to the site. Together, they have raised a series of objections against the proposed dwelling, claiming it is:
- Excessively bulky and exceeds the approved building envelope.
- Unsympathetic to the surrounding coastal landscape.
- Likely to cause unacceptable destruction of protected coastal moonah vegetation.
In his submissions, Mr Shelmerdine specifically noted the project would ensure the loss of a 'significant moonah tree'—which he claims has already been 'aggressively and extensively pruned'—and involve unapproved removal of a shared driveway fence section. He also contends that excavation for a staircase is 'contrary to retaining the flowing and continuous nature of the 1803 Parade Ground'.
Council and Developer Defend the Plans
The Mornington Peninsula Shire Council has robustly defended its original approval. In its arguments to VCAT, the council maintained the beach house 'is consistent with the character and form of nearby housing' in the area, which is often dubbed 'the Hamptons of Australia'. The council also stated the design would not create unreasonable problems with overlooking, overshadowing or building bulk.
Ms Burrell echoed this stance in her own submissions, arguing her home 'will not unreasonably impact the amenity of surrounding properties and is appropriately respectful of the immediate neighbourhood character'. She also referenced a precedent set by her brother himself, pointing to his 2010 VCAT win concerning the wider 122-hectare site. Mr Shelmerdine had purchased that land in 2008 for a then-record $18.4 million and successfully appealed after the council initially blocked his plans to subdivide it into five properties. Ms Burrell contends her proposal is not contrary to that earlier tribunal decision.
A three-day hearing was concluded in December, with a final ruling from VCAT expected later this year. The outcome will determine whether one of Australia's most scenic coastal towns gains a new luxury residence or whether familial discord will halt its construction.
