Dispute over coffee van still brewing
THE FIGHT over the future of the Happy Valley coffee van will head into Caloundra Magistrates Court on Monday, after a meeting between rival solicitors failed to resolve the matter.
Rob Muston, who has operated the van on the site for a decade only to unexpectedly lose the right recently, accompanied his solicitor to a meeting with Sunshine Coast Council yesterday to seek a review of its permit decision.
"The meeting was informative but fruitless," Mr Muston said.
The matter will now go to the courts to seek a stay in the council's decision to replace his business with another operator, so Mr Muston can fight it through the legal avenues.
Mr Muston is prepared to take his fight to the Supreme Court for a judicial review. "It would be expensive, but it has highlighted that it (the decision) basically was a form-filling exercise. It came down to how well I filled out the (permit) form," he said.
Mr Muston noted a list of conflicting conditions placed on the coffee van. He said that when the van was first established, Caloundra Council required installation of a power pole to avoid a noisy generator, and payment to the council for power used.
He said the new guidelines required installation of a generator as paying council for power was not allowed.
He said the previous council required he tip his wastewater - about 15 litres daily - on local trees, but that has now also been modified to require wastewater to be taken off-site.
New requirements included the van be removed at night unless he had a specific State Government permit.
A council spokeswoman said specific comments could not be made on Mr Muston's permit application. "All applications, from both current permit-holders and new applicants, are assessed according to criteria which the applicants address," the spokeswoman said.
"Being a permit holder does not guarantee a subsequent permit and all permit holders are advised of this at the time the permit is approved," she said.