XXXX brewery wins stoush with church over ‘explosive’ tanks

The local arm of a church has squared off against Brisbane’s iconic XXXX brewery.

Morning commute along Milton Rd Brisbane. Iconic XXXX building welcoming the new day” Debby Sewell, Strathpine

The local arm of the Anglican Church has lost their legal fight with their long-time neighbour, Brisbane’s iconic XXXX brewery, failing to convince a judge that an expansion to the brewery risks an explosion.

In a decision handed down on Thursday, Planning and Environment Court Judge Nicole Kefford threw out the appeal by the corporation of the synod of the diocese of Brisbane (the synod).

The synod was appealing against the 130-year-old Milton Rd brewery’s plan to build a new bulk ethanol store near the boundary with its land at 233 and 233A Milton Rd.

The Brisbane City Council gave the green light for three new 40,000L ethanol tanks to be built on the old Castlemaine Perkins Brewery site on February 29 last year.

The ethanol store will be used to make alcoholic “seltzers and similar mixed drinks” wuch as alcoholic ginger beer.

But the synod argued this should be set aside because that the proposed ethanol store would be within eight metres of a residential building for priests at the St Francis Theological College for trainee priests and 19m from the college library.

During hearings held in February, April and May this year they argued there was an unacceptable risk to public safety and property from a “stoichiometric tank chamber explosion”.

The Anglican Church lost its legal fight with XXXX.

But in her 54-page decision Judge Kefford concluded that the evidence comfortably persuaded her that none of the synod’s concerns were established.

“The evidence is insufficient to raise a stoichiometric tank chamber explosion as a credible scenario,” she wrote.

“Having considered the nature and extent of the risk and the way the risk is proposed to be addressed, I am comfortably satisfied that the risk will be appropriately addressed by the grant of a development permit subject to conditions,” Judge Kefford ruled.

She added that any council approval would be subject to conditions including that it be built in accordance with dangerous goods guidelines and it should be certified by a dangerous goods consultant.

“I am satisfied that the proposed development, with all its risk management features, can be carried out in a responsible manner that affords protection to the community’s interests,” she wrote.

“Lion-Beer, Spirits and Wine Pty Ltd has persuaded me that it and its expert consultants properly understand the nature of the risk, its likely impact, applicable standards, and the relevant risk management measures and procedures,” Judge Kefford wrote.

“I am comfortably satisfied that the proposed development is appropriately located,” she said.

Lion-Beer, Spirits and Wine Pty Ltd and the council both submitted the development was not an unacceptable safety risk and that it should be approved.

The Ithaca district neighbourhood plan code states that the brewery has cultural heritage significance.

The XXXX brewery in Milton has won its battle.

“The brewery is a Brisbane icon and a well-known landmark of the city, with a great physical presence in the locality,” the plan states.

The Anglican church owns a total of 38,000 sqm of land next to the brewery on its eastern and southern boundaries.

It contains heritage listed buildings Old Bishopsbourne, the residence of the first Anglican Bishop of Brisbane, and the Chapel of the Holy Spirit.

It also contains a theological college, the college library, administration buildings, and accommodation for students and staff in six multi-level townhouses and three single-storey flats.

It is open to the public for functions, school visits, conferences, weddings and funerals.

The XXXX brewery sits on 58,270 square metres with frontages to Milton Rd, Finchley St, Paten St and Heussler Tce in Milton.

There has been a brewery on the XXXX site since 1877 when it was opened by Victorian brothers Nicholas and Edward Fitzgerald, and it had previously been a distillery.

There are several buildings, silos and other structures used for beer and other ready-to-drink alcoholic drinks. Ethanol is currently stored in intermediate bulk containers in one of the buildings near the western boundary.

Originally published as XXXX brewery wins stoush with church over ‘explosive’ tanks