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.
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 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.
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