Sullivan Bay Property Dispute
Celia Burrell and Richard Shelmerdine, siblings from the Myer retail family, are involved in a dispute concerning Burrell's plan to construct a $3 million, three-story beach house adjacent to Shelmerdine's property in Sorrento, facing Sullivan Bay. Both properties are situated on an exclusive row of beachfront homes within the historic Collins Settlement Site.
Tribunal Proceedings
Shelmerdine, who sold the undeveloped property to Burrell in 2011 for $3.4 million, is attempting to overturn the Mornington Peninsula Shire Council's approval of the dwelling. He has filed an appeal with the Victorian Civil and Administrative Tribunal (VCAT). Property developer Martin Strode, who also owns a neighboring beach house purchased from Shelmerdine, has joined the appeal.
Objections Raised
Shelmerdine and Strode argue that the proposed beach house is excessively bulky, exceeds the approved building envelope, is not sympathetic to the landscape, and would necessitate unacceptable destruction of coastal moonah vegetation. Shelmerdine also states that the plans would allow direct views into his private open space, including children's bedrooms and dining room, and that car lights at night would cause disruption. Further objections include the loss of a significant moonah tree, removal of a shared driveway fence section without approval, and excavation impacting the 1803 Parade Ground.
Council's Position
The Mornington Peninsula Shire Council is defending its decision in VCAT, asserting that Burrell's planned beach house is consistent with the character of nearby housing and will not cause unreasonable overlooking, overshadowing, or excessive building bulk. The council evaluated the objectors' arguments but determined the house should be approved, including works outside the building envelope. The council's submission indicates that the applicants for review appear to be seeking a very high bar for approval.
Historical Context and Burrell's Argument
Sullivan Bay has historical significance as the site of Victoria's first, short-lived British colony in 1803. Shelmerdine acquired the 1.2-hectare site in 2008 for $18.4 million and later subdivided it into five properties after successfully appealing to VCAT in 2010 when the council initially withheld approval. Burrell, who founded the El Questro outback resort, argues that her development proposal aligns with the tribunal's 2010 decision that permitted the subdivision. She contends that the proposed three-story house will not unreasonably impact the amenity of surrounding properties and respects the immediate neighborhood character, with the tree removal and landscaping outcomes being acceptable. A three-day hearing took place in December, with a decision expected in the current year.