Planning and Environment Court Archives

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.

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.

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.

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

A legal battle in Milton continues as the Anglican Church contests BCC’s approval of ethanol storage tanks at the XXXX brewery.

Church and Brewery in Ongoing Dispute

A development dispute (DA A006226036) in Milton has escalated with the Anglican Church and XXXX Brewery continuing their legal contest in the Planning and Environment Court. The case follows BCC’s decision to approve the installation of three 40,000-litre ethanol storage tanks at the brewery, operated by Lion.

The approval, granted in early 2023, was intended to support the production of non-beer alcoholic beverages, including seltzers. The brewery produced around 190 million litres of alcoholic beverages in 2023.

ethanol storage tanks — *Photo Credit: DA A006226036*

Expansion Plans and Explosion Concerns

The Anglican Church, which owns 38,000 square metres of land west of the brewery, raised concerns about public safety, air quality, and the risk of explosion. The tanks would store up to 120,000 litres of ethanol, a flammable liquid, at a site approximately eight metres from residential accommodation and 19 metres from a college library.

Recent council-commissioned analysis from risk expert Dr Raghu Raman found that, in the event of a vapour cloud explosion, the pressure wave would reach up to 1.1 metres but remain within the Milton Road property boundary. However, this differed from the methodology used by the brewery’s expert, Dr Frank Mendham, prompting further legal responses.

legal dispute in Milton — *Photo Credit: DA A006226036*

Requests for Additional Expert Review

The church’s legal team argued that Raman’s 50-page report introduced new modelling evidence that had not previously been reviewed by any party. The court later vacated the planned hearing to allow the church to nominate its own expert.

Judge Nicole Kefford ordered the experts representing the brewery, the church, and the BCC to meet and deliver a joint report. The three-day hearing was postponed pending this review.

Health and Emissions Concerns

The Anglican Church referenced the National Pollutant Inventory, stating ethanol exposure could lead to symptoms such as nausea, stupor, and respiratory irritation. The church also raised concerns about emissions from the venting system, which would release ethanol fumes at 14 metres above ground level.

The site houses St Francis Theological College, which has operated since 1936. The church’s submission noted the presence of heritage-listed facilities, residential buildings, and educational infrastructure in close proximity to the proposed ethanol store.

XXXX brewery — *Photo Credit: DA A006226036*

Suggested Alternatives and Safety Proposals

The church argued the brewery’s 58,270-square-metre site had other suitable areas for the ethanol tanks, further away from sensitive facilities. They contended the chosen location unnecessarily increased risk to residents and students.

In its application process, Lion advised BCC that the ethanol would be chilled below the threshold classified as a dangerous good and piped to the brewery.

Next Steps in the Milton Case

The experts’ joint report is expected to be presented to the court by late April. The court will resume proceedings the following week to determine the validity of the development approval based on the combined evidence.

Published 25-Apr-2025

Tag: Planning and Environment Court

Court Sides with XXXX Brewery in Milton Over Church Objections