Their battle over light and shade on the riverside park followed another decision early in 2017 in which property giant Dexus lost a bid to force the minister to increase, by 10 storeys, the height of a tower it wanted to build near the south-east corner of Flinders Street.

Dexus wanted a 64-storey skyscraper but was limited to 54 levels.

Tribunal members Jeanette Rickards and Lorina Nervegna said overshadowing was a key concern for city parks, particularly in winter months, regardless of how heavily they were patronised.

“To limit further solar access to a valued public park such as Birrarung Marr in perpetuity is in our view unwarranted.

“We are unable to conclude that there is any overwhelming reasons why the building should remain at the height proposed at the expense of the impacts on the amenity of the park both now and in the future,” they said.

A specific amendment, C270, was introduced to Melbourne’s planning scheme after Salta applied for its permit to limit overshadowing of Birrarung Marr in winter months by any other future developments.

“Salta Properties is reviewing its options following VCAT’s decision regarding restrictions on the development at 63 Exhibition Street,” Mr Tarascio said.