Low N Slow Meat Co’s shock closure comes amid Brisbane City Council ‘retail ban’ fight
The multi-millionaire landlord of Brisbane smokehouse butcher Low N Slow Meat Co that unexpectedly closed is embroiled in a long-running legal stoush.
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The multi-millionaire landlord of the Brisbane smokehouse butcher that unexpectedly closed its doors yesterday is embroiled in a long-running legal stoush with the council after his company was slapped with enforcement notices banning retail trade at the butchery, court documents show.
A company owned by development and garbage dump magnate Balfour Irvine filed an application in the Planning and Environment Court on October 7 last year, seeking court approval for the sale of meat to retail customers at the Low n Slow Meat Co in Morningside, part of the revamped historic Rivermakers centre in Brisbane’s southeast.
The butchery sits on some of Brisbane’s most valuable riverfront land, which is ripe for redevelopment from industrial use.
The application to court by Mr Balfour’s company Dunhill Properties Pty Ltd (Dunhill) was made after the Brisbane City Council slapped the company with two enforcement notices, the court file states.
The first notice on November 1, 2021 demanded Dunhill and Low n Slow Meat Co “cease use of premises as a shop until all relevant approvals have been obtained”.
It also stated that part of the premises was not considered warehouse use because it was selling single units of goods to the general public in-store, and online for collection.
Mr Irvine’s development manager told the court in his affidavit that after the first enforcement notice, Low n Slow continued to store, process and distribute meat products on the site, and it continued retail use as an “ancillary use” under planning law.
The second enforcement notice, on June 2, last year maintained the council allegation that the premises was being used for a shop and educational establishment – as it was offering meat cooking classes for $150 per class.
After it was built in early 2021 the site was zoned for industry and the Low and Slow Meat Co “emphasised the premises would be used for the production, storage and distribution of meat products”, court documents state.
Dunhills planning expert Chris Buckley has told the court in his affidavit that “no development offence has occurred” because the retail component is “ancillary to” the wholesale component of Low n Slow.
While the legal case is ongoing, Dunhill lodged a development application with council seeking a change of use of the site to allow for a shop as well as a food and drink outlet.
Nearly 5000 submissions were received by council in relation to the development application, court documents state.
The council has not handed down a decision on the development application.
On Monday Low n Slow announced on its Facebook page that it was closing.
“The decision to close has been made by us, we have not been forced to shut,” the store stated on Facebook.
“Due to many factors out of our control the oxygen in our fire has been very limited,” the post states.
The group chief executive officer of Low n Slow Meat Co and its offshoot, Getta Burger, Brent Poulter, told the court in his affidavit that 70 per cent of the Low n Slow site was used for cold storage, smoking and butcher rooms to process wholesale meat product.
He states in his October 2022 affidavit that all meat products – including meat patties, smoked meats and eye fillets, sausages and chicken nuggets – sold on site are excess product that are left over from the wholesale production.
Mr Poulter estimates that 85 per cent of meat products are sold to the wholesale market – or delivered to Getta Burger stores or purchased online – and 15 per cent cent are sold from the retail store at Morningside.
The Low n Slow Meat Co sits in a modern building on a small part of a larger 19,000 sqm site which has frontage to Colmslie Rd and the Brisbane River, to the north, and contains the Revel Brewing Co, which is part of heritage-listed former Commonwealth Acetate of Lime Factory.
The Revel Brewing Company, already has council approval to serve food and drink, granted in 2021, court documents state.
The site is part of the wider 30ha Rivermakers precinct, which sits near the intersection of Morningside, Murarrie and Cannon Hill, and is next to the state hockey centre and is close by the Australian Country Choice meat-processing factory,
According to a council letter filed in court, the council was last month preparing to inspect the Colmslie Rd site to compile a traffic analysis of customer cars which would visit the retail store.
The case is due back in court on April 26 for review.