A gas company’s bid to install underground LPG gas and liquid nitrogen tanks in Brookvale will head to court after the application was refused by Northern Beaches Council.
Speed Gas already has a facility at 49 Chard Road, Brookvale, where they have development consent to store and fill carbon dioxide and argon gas, both considered non-flammable and non-hazardous.
They are a well-established business in Brookvale which provides various gas to industry, as well as commercial heaters to venues and gas and gas refuelling for specific applications such as fire suppression, welding, industrial, hospitality and forklifts.
They also have an adjacent site at 47 Sydenham Road, Brookvale where they are currently only authorised to store empty gas bottles. Manly Observer has, however, viewed footage and images which appear to indicate gas refuelling and handling does occur on site.
It is at this Sydenham Road site that the company has put in a bid to install the liquid nitrogen and LPG gas tanks and formally install a gas filling platform. While initially refused on the grounds it was a heavy industrial use, the company is arguing it is light industrial, among other points.
But neighbouring businesses have raised multiple concerns about the proposed expansion, citing potential health impacts from gas odours, workplace safety risks, and the proximity of what they see as a high-risk facility near mechanics, a childcare centre, and after-school activity venues.
The back story
Last year, Speed Gas submitted a development application to Northern Beaches Council for consent to install an underground LPG gas tank and liquid nitrogen tank, plus gas filling platform and storage area to an existing industrial unit.
In August last year, Northern Beaches Planning Panel (NBPP) refused the application on the grounds of permissibility of the proposed land use. The land is zoned E4 General Industrial while a gas refilling, storage and distribution business is considered heavy industrial. The refusal adds that not enough information was provided to demonstrate the development could adequately manage hazards or impacts to the biophysical environment, as well as, concerns with parking on the premises.
Speed Gas has lodged an appeal with the Land and Environment Court with several updated documents and plans, including an Order Management plan, a revised Environmental Impact Statement (EIS) and plans demonstrating parking within the premises.
These were originally on exhibition through Council as an intermediary which is standard practice. Submissions can still be emailed to Council through Council@northernbeaches.nsw.gov.au quoting DA2024/0149.
The updated EIS clarifies the development application seeks consent to demolish unauthorised structures, install a 30,000L underground LPG tank and a 15,000L liquid nitrogen tank, construct a new filling platform and rooftop storage area, and the use of the site for the storage, maintenance, and filling of gas cylinders and portable heaters for off-site distribution.
“I have had neighbouring businesses raise with me concerns about the proposal, and I encourage any nearby businesses or residents to raise any comments or concerns about the proposal through the [Land and Environment Court] process,” one of the local representatives for Curl Curl ward councillor, Cr Kristyn Glanville told Manly Observer.
When we reached out to Speed Gas to further understand their proposal for the site, they said as the proposal is before the Court, it was not appropriate for them to comment on the matter.
Manly Observer requested and paid to access the appeal documents through Land and Environment Court, which we received. The main points Speed Gas appears to be arguing is the DA is an extension to their established and approved business at 49 Chard Street, Brookvale and meets the need of the community. They believe the documentation they have provided was adequate and provided all the information required. They also argue their business is considered light industrial (which would be permissible in the current land zoning), instead of heavy industrial (which is not currently permissible).
According to the LEP Dictionary, ‘light industry’ is defined as a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise.
However, as we go into more detail below, neighbouring businesses disagree with this definition due to the constant smell of fumes and the safety risk.
This matter is listed for Hearing on 1 – 3 October 2025.
Beyond the DA
In the meantime, there are suspicions that Speed Gas are operating beyond what is permitted for the site.
Currently, the site is authorised as a depot for empty gas bottles by Speed Gas. It doesn’t have consent for gas or chemical storage (empty bottles only).
However, Manly Observer has spoken to those who claim Speed Gas has been filling gas bottles with gas on site. They have alleged to have witnessed the installation of a gas tank on the premises (which is currently covered by a tarp), while Council was considering the original DA, and claim it is used to fill gas bottles.
Speed Gas’ updated Master Plans, itself identifies the LPG tank as “existing unauthorised works” which is earmarked to be demolished.
Manly Observer has obtained video footage and photos at the site that appears to show gas bottles releasing gas, and an Origin truck rolling update at night and connect with the tarp-covered gas tank.
Local residents have shared concerns over the storage of potentially hazardous materials so close to other businesses, particularly a childcare centre (Little Lane Early Learning) and businesses that service after-school activities (Evergreen Music and Northern Beaches Rockhouse).
However, according to Council’s application assessment report written last year, “Council’s Building Compliance Officer has conducted multiple inspections of the property and it was observed that the premises was being used as a storage facility of empty gas bottles, which were then refilled on the adjacent site at 49 Chard Road, Brookvale. No evidence was obtained that 47 Sydenham Road was being used for the purpose of the filling distribution of gas bottles”.
When we recently contacted Council, they confirmed they had since received a complaint which has been referred to Council’s compliance team for investigation.
When following up on their complaint to Council, residents say have been informed the current LPG tank on site is not in use. This is despite residents claiming to witness an Origin truck refilling the on-site LPG tank and workers using the LPG tank to fill gas bottles.
“In the past, I have received complaints from nearby businesses about the operation of this site, and this has been quite stressful for them as they have been concerned about the potential health or safety issues to their business or employees,” Cr Glanville told us.
“I have raised these concerns with staff for investigation. Separately, I have had a complaint raised with me from [Speed Gas] about Council’s handling of their planning application, so there is more than one perspective.
“Obviously, the best outcome is one which ensures the activity on the site is safe and lawful.”
Manly Observer provided Speed Gas with an opportunity to address these complaints, however, after 14 days have not heard a response.
