Church loses legal battle against XXXX brewery’s development plans

A court has ruled in favour of the beverages giant behind Milton’s XXXX brewery, which was embroiled in a lengthy legal dispute with the Anglican Church over development plans to install more ethanol tanks on its site.

In February last year, the Brisbane City Council approved a plan to build three 40,000-litre ethanol storage tanks on site in a bid to grow its market. The church, which owns property to the west of the brewery, took the decision to the Planning Environment Court.

According to documents lodged with the Planning and Environment Court, the church contended there was an unacceptable risk to public safety and property from a tank chamber explosion.

Previous court documents showed the approximate volume of alcoholic beverages produced on site for the year ending 2023 was 190 million litres.

Brewery owner Lion, and the council, refuted this. Multiple experts were brought in for all three parties to determine the level of risk, resulting in lengthy analysis before the court.

The court said the issue that needed to be determined was whether the location and design of the ethanol storage facilities posed an unacceptable risk to public safety and property, and unduly affected reasonable health expectations.

“The [Church’s] case is founded on the proposition the City’s Plans approach to risk is not premised on its elimination. Rather, it calls for the minimisation of risk posed by an industrial hazard by avoiding avoidable risk,” documents read.

Court documents noted the land was in a historical suburb of Brisbane, an area which had significant commercial and industrial activity, with residential development and community facilities.

The decision comes after the Anglican Church last month applied to redevelop a site next to the XXXX brewery at Milton. The heritage-listed Old Bishopsbourne is visible at the rear.

The church’s land contains Old Bishopsbourne, which was the residence of the first Anglican Bishop of Brisbane, and the Chapel of the Holy Spirit – both of which are heritage-listed buildings. The buildings closest to the brewery’s western boundary include the college library, and townhouses containing residential accommodation.

The brewery sought to put the ethanol storage facility, between 9 and 10 metres in height, near the western boundary. According to the documents, it would be 7.7 metres from the nearest building on the church land.

The legal team for the church submitted that the risk arising from an explosion, even by the City Plan’s quantitative criteria, was unacceptable, and therefore the development application should be refused.

Ultimately, Judge Nicole Kefford ruled this week on the evidence given in the appeal from the experts that the proposed development, with all its risk management features, could be carried out in a responsible manner that afforded protection to the community’s interests.

“[Lion] 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,” court documents read.

Kefford said the design features of the tank chamber exceed the minimum requirements in the Australian Standard.

The development would be subject to conditions, the documents said, including that it be built in accordance under certification by a dangerous goods consultant.

The conditions are still to be finalised, with the case listed before the court in July for review.

The decision comes after this masthead last month revealed the church site would become home to an upmarket retirement village under plans submitted by the Brisbane City Council.