A legal loophole that allows people to set up mobile shopfronts on private properties is unfair for business owners who establish costly permanent shopfronts, a Maitland landlord says.
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Jim Sullivan owns more than six business premises in the Maitland area as well as other sites in cities elsewhere.
He told the Mercury that he was concerned that Maitland City Council had set a precedent by allowing The Bearded Cactus coffee van to be set up in the driveway of a private property at East Maitland.
Mr Sullivan said businesses in permanent shopfronts, particularly those that were part of the food service industry, had to comply with various costly necessities such as parking spaces, approved grease traps and storage space.
They also had to pay commercial rates, he said, which mobile businesses did not.
“There are two sets of rules that apply in this city – it’s an unfair playing field,” Mr Sullivan said.
“We comply with stringent regulations that mobile food vans don’t have to comply with.
“Good luck if you can get away with setting up a mobile food van in the front yard of a premise.
“I might start going along and renting people’s driveways for businesses.”
Mr Sullivan said the difference in costs for owners of a permanent business compared to a mobile business was “tens of thousands of dollars”.
“For council to allow mobile business to locate permanently and be exempt from the standards applicable to other shops is not an acceptable practice,” he said.
Bearded Cactus co-owner Peter Hodges told the Mercury earlier this month that the van, in which his take-away coffee business was based, could be moved from the New England Highway premises at any time.
According to NSW Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Mr Hodges’ coffee van is legally allowed to trade there.
But a development application would be required for tables, chairs and signage at the site.
No DA is required for the business to operate out of the van because the vehicle can be taken off site and operated elsewhere.