Court Sides with XXXX Brewery in Milton Over Church Objections

Photo Credit: XXXX Brewery/Facebook

A long-running battle between Brisbane’s XXXX Brewery and the Anglican Church has ended with a court decision allowing the brewery to expand its ethanol storage near the heart of Milton.



The ruling was delivered on Thursday, June 6, by Planning and Environment Court Judge Nicole Kefford. It clears the way for Lion-Beer, Spirits and Wine Pty Ltd, which owns the iconic 130-year-old brewery on Milton Road, to build three 40,000-litre ethanol tanks on the site.

The Dispute Next Door

The Anglican Church, through the Corporation of the Synod of the Diocese of Brisbane, launched a legal appeal against the Brisbane City Council’s earlier approval of the brewery’s development plans (DA A006226036). The tanks are planned to sit just eight metres from the boundary shared with church-owned land, which includes St Francis Theological College, student residences, and historic buildings.

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The church argued that the tanks posed a serious safety risk, suggesting the potential for a dangerous explosion scenario near where students and staff live, study and worship. It also raised concerns about ethanol vapours affecting the health of residents.

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The land owned by the Anglican Church includes the heritage-listed Old Bishopsbourne and the Chapel of the Holy Spirit, and is used not just for training clergy, but also for public events like weddings, funerals, school tours and conferences.

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Photo Credit: Milton Anglican Church/Google Maps

Court Decision: Risks Managed

After several months of hearings, including sessions in February, April and May, Judge Kefford rejected the church’s concerns. She found that the claims of a likely explosion, specifically a stoichiometric tank chamber explosion, were not backed by credible scientific evidence.

She ruled that the development could proceed, provided it followed strict safety conditions. These include certification from a qualified dangerous goods consultant and compliance with relevant storage and safety guidelines.

The judge stated that the brewery’s risk management measures were sufficient to protect public safety and the local community. She noted that the brewery and its consultants had demonstrated a clear understanding of the risks and how to control them.

Milton’s Brewery to Grow

The XXXX Brewery, operating since 1877, has long been regarded as a local landmark in Milton, possessing significant heritage and cultural value. The site spans over 58,000 square metres and includes several buildings used to make beer and mixed alcoholic drinks.

Ethanol is already stored on the premises in smaller containers, but the new tanks will allow for larger-scale production of drinks such as alcoholic ginger beer and other seltzers.



Council supported the brewery’s application throughout the case, saying the development aligned with the area’s planning codes and did not pose an unacceptable risk to the community.

Published 8-June-2025


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