What is the meaning of “Mid-rise” development and what land is within the environs of the Yarra River Corridor?

Dominic Scally & Jun Yu
6 March 2025

In Scoventure Pty Ltd v Yarra CC (Red dot) [2024] VCAT 1207¹, VCAT granted a permit for an 8-storey office² building on a side street in Abbotsford, in an existing low-rise context near the Yarra River. We persuaded VCAT not to follow an earlier VCAT decision refusing a similar building on this site on these same questions. Many redevelopment sites are located in close proximity to the Yarra River³, particularly in old industrial areas along it. This decision defines the “Yarra River Corridor”⁴ for the purposes of Clauses 12.03-1S and 12.03-1R⁵ of the Victoria Planning Provisions and the Yarra Planning Scheme. We can assist you in determining whether your site is now within it. This will be relevant to the scale of development you may propose on your land in proximity to water courses in metro Melbourne and as to what is meant by “mid-rise”⁶ development and appropriate transitional scale to buildings in adjoining “low-rise” neighbourhoods.

Despite being an 8-level building within a 1-2 storey neighbourhood, VCAT accepted our submission that what was proposed was a “mid-rise” building. A 7-8 storey building is within the realm of what can be considered mid-rise where there is no overlay or zone provision applying to the land.

For land within the environs of the Yarra River, particularly old industrial land, Best Hooper can assist you in resolving your development expectations. Contact Dominic Scally and Jun Yu for details with respect to this landmark decision.

References

1. The case applies particularly to the City of Yarra, but also to other municipalities along water bodies, particularly where overlay controls do not apply (the former under Clause 12.03-1R and the latter under Clause 12.03-1S).
2. “Office-use” is a compatible buffer within the IN3Z, to abutting residential land uses.
3. We can advise in respect of all water bodies and all rivers in Metropolitan Melbourne, not just the Yarra River.
4. What is the “corridor” or “river”? Decision clarifies this for all land near watercourses for the purposes of State policy and the Yarra River for the purposes of local policy (para 16 of legal decision).
5. Clauses 12.03-1S and 12.03-1R are not confined only to land in the river corridor or Yarra River corridor (para 92).
6. Mid-rise development is directed to, inter alia, employment areas in the City of Yarra (Clause 02.01).