Council archive · source document
Minor Change Existing Approval 51987 2949 6 · 51987.2949.6
Officer: Jada Lyons
Direct Telephone: 07 53296527
Our Reference: 51987.2949.6
Your Reference: n/a
8 May 2023
GM Collinson
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 24 March 2023, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 51987.2949.6
Street address: Number 1 19/1 Morwong Dr Noosa Heads Qld 4567
Real property description: BUP 9411, Lot 19 BUP 9411 BUP 9411
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 15 September 1987
• Town Planning Consent TPC 1920 for 24 Multiple Dwelling Units.
In relation to the request to make a minor change to the existing approval, Council on 3 May 2023,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 56.
C. Include additional condition: 59.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
1. Compliance with all relevant provisions of the Town Planning Scheme, Chapter XLIV (Town
Planning) and other Council Policies
2. The site shall be developed substantially in accordance with the plans forming part of and
approved with this application.
3. In accordance with Section 33 (16D) of the Local Government Act 1936, Council's approval
is valid for a period of two (2) years at the expiration of which period the Council may take
action to revoke its approval, if in the opinion of the Council substantial progress has not
been made in erecting the building or other structure the subject of the Consent Permit; or
the land, subject to the Consent Permit, is not being used substantially in accordance with
the purposes for which consent was granted
4. To ensure compliance with any and all conditions of this approval Council will require that
you enter into a Bank Guarantee of $100,000 to secure performance. The guarantee shall
be lodged with Council prior to the issue of a Building Permit. Any costs incidental thereto
will be borne by the Developer.
5. The conditions of this approval are to be completed prior to the occupancy of the building
and if this is not done, Council reserves the right to call on the bank guarantee lodged to
carry out the works involved.
6. Contributions shall be Water supply and Sewerage within fourteen (14) days paid in
accordance with Council's Policy on Headworks. Such contributions shall be paid of
building approval. Contributions shall be payable at the following rate: -
Water Supply - $40,452
Sewerage $16,382
(Plus P.I. index rises from April, 1987).
7. Payment of any outstanding rates owing on the property.
8. This consent approval does not imply Building Approval. Working drawings shall be
submitted in compliance with the Building Act 1975 as amended and shall be
substantially in accordance with the plans the subject of this consent. (Substantial
variations will require separate Council approval).
9. The approval herein is for Town Planning Consent only and does not imply that Council
approval will be granted to an application under the Building Units and Group Titles Act.
10. Permanent covered car parking is to be provided on site for 36 vehicles. Of these spaces at
least 25 must be covered and at least 6 must be available for use by visitors to the premises.
11. All internal roadworks (including parking areas) and access from the existing frontage
road to connect to the internal roadworks shall be provide with a sealed pavement, which
shall be designed, drained, constructed and maintained in accordance with the
standards and requirements of the Shire Engineer.
Plans and specifications for the above works shall be submitted to the Shire Engineer
for approval prior to the issue of a Building Permit.
12. The Developer shall bear the cost of alteration of any public utility or facilities necessitated
by the development of the land or associated development external to the site.
13. Connection to Council’s existing water supply reticulation at the Developer’s expense to the
standards and requirements of Council’s Building Surveyor.
14. Connection to Council’s existing sewerage reticulation system at the Developer’s expense
to the standards and requirements of Council’s building Surveyor.
15. Filling levels and floor levels of all buildings, other structuresand car park area levels
shall be established to the requirements of the Shire Engineer. Such levels shall be
provided upon application to the Engineering Department.
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16. Filling, other development works or the erection of any buildings or other structures shall
be carried out so as not to cause any ponding of water on adjoining land or any blockage
or interference with natural watercourse or in any other way unduly affect adjoining
property.
17. No earthworks or filling shall be carried out on site until the issue of a Building Permit.
18. An identification survey of the subject site is to be carried out by a Licensed Surveyor and
is to be submitted to council at the time of foundation inspection by Council's Building
Surveyor or immediately thereafter. Such survey shall set out the boundaries of the site
and the position of the buildings on the site.
19. The applicant shall cause minimum disturbance to natural flora and shall only remove
that vegetation which would impede building operations. Where practicable,
revegetation of the site is to be carried out following completion of building activity.
20. Landscaping shall be established and maintained in accordance with a landscaping plan
approved by Council. Such plan shall be prepared in accordance with the provisions of
the Noosa Design Manual.
21. No signage is approved as part of this consent. Further application to Council is required
for signage prior to erection and regard shall be given to the Noosa Design Manual in
preparing such anapplication.
22. Deleted.
23. Location points for mail delivery shall be to the requirements of Australia Post.
24. The swimming pool shall be licensed annually with the Council’s Health Department in
accordance with the provisions of Chapter 42 of Councils Bylaws
25. Any flat, unit, intended to be let out for a fee or reward shall be licensed annually with
Council’s health Department in accordance with the provisions of Chapter 43d of Council’s
bylaws prior to such letting.
26. Adequate facilities shall be provided in accordance with the provisions of the Refuse
Management Regulations 1983 for the storage and collection of refuse to the satisfaction
of Council's Health surveyor.
27. Provide an imperviously paved area suitably drained t the satisfaction of the Local Authority
upon which to stand all refuse containers and a suitable hose cock and hose in the vicinity
of such stand or such paved area with a suitable enclosure to enclose the refuse container
areas to the satisfaction of the Health Surveyor.
28. Canopies and Porches external to the building shall beconstructed with glazed or other
clear roofing.
29. Rooftop recreation areas shall comply with the design requirementsof the Noosa Design
Manual.
30. Porches only are permitted to" intrude into the 6 metre setback from Morwong Drive
Roadworks
31. The developer shall construct roadworks, drainage and footpath improvements across the
full Morwong Drive frontage of the development up to and including the intersection with
Hastings Street to the requirements of the Shire Engineer. Such works shall involve the
construction in Morwong Drive of kerb and channel on the eastern side, a 5.0 m. wide
bitumen pavement with a 1.0 m. gravel shoulder to terminate at a 6.5 m. minimum radius cul-
de-sac including associated drainage to a suitable discharge point in Hastings Street, and
footpath upgrading Works.
The design of such works shall be prepared and shall be submitted for Shire Engineer's
approval, by a Registered Civil Engineer prior to construction commencing. The Registered
Civil Engineer shall certify that the works have been constructed in accordance with the
approved plans.
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(Note that Council staff may negotiate an alternative to the above roadworks requirements
subject to further detailed design).
Drainage
32. All stormwater runoff, including that from roofed and paved areas shall be piped to discharge
into Council's existing system in Hastings Street to the satisfaction of the Shire Engineer.
The stormwater design is to include an assessment of the hydraulic adequacy of the existing
system downstream from the point of connection and the Developer shall bear the full cost
of any upgrading works required to the existing system (or the construction of an alternate
system in accordance with Council's master drainage plan if required) to accommodate the
additional stormwater.
33. Noiselevels emitted from any mechanical device, including inclinators, air conditioners and
the like are not to exceed 5 dba above the background noise level.
34. The B.U.P. plan shall not be named No. 1 Hastings Street and the development shall not be
advertised or marketed as being No. 1 Hastings Street.
35. Access, carparking layout and manoeuvring areas are to be designed in accordance with
Council’s Policies and to the satisfaction of the Shire Engineer.
36. The applicant shall contribute $8,000 to Council towards the upgrading of the Park
Road/Morwong Drive/Hastings Street intersection. Such payment shall be made within 14
days of the issue of a Building Permit.
37. The Developer shall provide for the erection of ‘No Stopping” signs along the Morwong Drive
frontage.
38. The proposed pathway within the Hastings Street road reserve is to be constructed to the
standards and requirements of the Shire Engineer. Prior to commencement of any works
associated with the pathway, a detailed design is to be submitted to Council for approval.
Particular attention is to be given to minimising damage to the existing vegetation. Any scour
prevention measures, including revegetation of disturbed areas, are to be undertaken by the
Developer as considered appropriate by the Shire Engineer.
39. Prior to the issue of a Building Permit, the applicant's Geotechnical Consultant shall prepare
a report and at the applicant's expense, submit it to Council's nominated Geotechnical
Consultant for his perusal.
Such report shall specifically address the following
i. The effect of the proposed earthworks on the stability of the site and the
adjoining sites,
ii. proposed construction methods,
iii. full extent of excavations and detailed proposed retaining structures to minimise
the risk of land slip.
Additional conditions – 28 March 2003
Land Use
40. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered 116A, 117, 118, 120,
201 A, 202 A, 205 dated 13/1/03 and numbered 119 A dated 12/02/03 prepared by Goodwin
& Southwell Architects and as may be amended by these conditions
41. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
42. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use.
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43. The proposed pool deck extension shall not extend further to the Morwong Drive frontage
than the existing northern stair landing (approximately 3.8 metres).
44. Additional landscaping shall be undertaken at the northern end of Morwong Drive frontage
to completely screen the undercroft of the proposed pool deck extension. The landscaping
shall comprise species taken from Planning Scheme Policy No. 1 - Landscaping Guidelines
densely planted to create a screening effect.
45. This Development Permit for a material change of use of premises lapses if:-
a. the use or erection of a building or other structure associated with the use, has not
been commenced by 28 March 2007, unless application is made and approved by
Council for an extension; or
b. 6.2. the use of any premises pursuant to the Development Permit ceases.
Land Development
46. The development shall be carried out in accordance with Engineering drawings Nos. 119A
dated 12th February 2003 and 201A dated 13th January 2003 or otherwise modified herein.
47. The car park layout shall comply with AS 2890.1 - 1993.
Further Development Permits Required
48. Prior to the commencement of development, the following Development Permits must be
obtained:-
a. Development Permit for building works;
Additional conditions - 15 February 2011
49. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and may
be amended by these conditions and annotations on the plans.
Plan No. Iss. Plan Name – Prepared by Date
CD 1.01 P4 Existing Floor Plan – Middap Ditchfield 13 April 2010
CD 1.02 P3 Existing Section AA – Middap Ditchfield 13 April 2010
CD 1.03 P3 Existing Section BB – Middap Ditchfield 13 April 2010
CD 1.04 P3 Existing Section CC – Middap Ditchfield 13 April 2010
CD 2.01 P4 Proposed Floor Plan – Middap Ditchfield 13 April 2010
CD 2.02 P4 Proposed Roof Plan – Middap Ditchfield 13 April 2010
CD 3.01 P4 Proposed Section AA – Middap Ditchfield 13 April 2010
CD 3.02 P4 Proposed Section BB – Middap Ditchfield 13 April 2010
CD 3.03 P4 Proposed Section CC – Middap Ditchfield 13 April 2010
50. A small garden shall be retained to the side of the southern walkway. The garden shall have
a minimum width of 0.5m and shall be of similar length to that existing.
51. The development shall be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood due to the creation of excessive noise, lighting
nuisance, or other emissions.
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Additional conditions – 11 October 2013
52. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans. The approved plans are listed in the following table and may be
amended by these conditions and annotations on the plans
11 October 2013
Plan No. Iss. Plan Name – Prepared by Date
DA1001 A Site Plan, prepared by Peter Hull 12 July 2013
Plans – Floor Plans – Existing, prepared by
DA1002 A 12 July 2013
Peter Hull
Plans – Floor Plans – New Level 9 proposed
DA1003 B A alteration, Existing Level, prepared by Peter 4 Oct 13
Hull
Sections – S/01 Section 1, prepared by Peter
DA2001 A 12 July 2013
Hull
DA3001 A Elevations, prepared by Peter Hull 12 July 2013
DA3002 A Elevations – Layout, prepared by Peter Hull 12 July 2013
Plot
DA3003 A Elevations – Layout, prepared by Peter Hull
Date:18/07/13
Acoustic Amenity
53. Any fixed plant and equipment* that causes either tonal (Leq) sound (e.g. from basement
car-park exhaust, air conditioning unit or pool filtration unit), or impulse (Lmax) sound,
must be enclosed, shielded and/or positioned to ensure that sound pressure does not
exceed the following levels for habitable rooms within dwellings:
53.1. 40 dB(A) Leq for living and work areas
53.2. 35 dB(A) Leq for sleeping areas
53.3. 45 dB(A) Lmax for all areas
Note: Measurement o f sound pressure levels ( adjusted for tonality and impulse)
must be in accordance with Australian Standard AS1055.1 “Acoustics – Description
and measurement of environmental noise – General procedures”.
*(Refer to Advisory Note)
54. Certification must be submitted to Council from a qualified person* which certifies that
operational noise from any fixed plant and equipment complies with the requirements of this
Decision Notice.
*(Refer to Advisory Note)
Built Form
55. The additions must have an external finish consistent with the existing development.
Additional conditions – 18 May 2020
56. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans. The approved plans are listed in the following table and may be
amended by these conditions and annotations on the plans:
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Plan No. Rev Plan Name Date
Minor Change Application to Existing
D-02426-04-A - Development Approval TPC1920, prepared by 21/12/2022
Martoo Consulting (as annotated by Council)
D-02426-05-A Minor Change Application to Existing
- Development Approval TPC1920, prepared by 21/12/2022
Martoo Consulting (as annotated by Council)
D-02426-06-A Minor Change Application to Existing
- Development Approval TPC1920, prepared by 21/12/2022
Martoo Consulting (as annotated by Council)
CD.3 - Proposed Floor Plan, prepared by Design to Detail 12/08/2022
CD.5 - Proposed Section, prepared by Design to Detail 12/08/2022
Caretaker’s car park
57. Deleted.
Additional conditions – 19 April 2023
58. All building works associated with the minor change for Lot 2 on BUP9411 & Common
Property in CTS5904 is to be completed within two years of the issuing of minor change
approval 51987.2949.5.
Additional conditions – 3 May 2023
59. The terrace of Unit 19 is to remain unenclosed and is not to be further reduced in size other
than that approved by 51987.2949.6.
5. REASONS FOR APPROVAL
The following reasons are given in support of Council’s decision to vary the Scheme
requirements:-
1. The site is constrained by slope such that a larger building is necessary to enable a viable
construction.
2. The site was previously zoned Residential 1 B 1 which permitted larger developments up to
three storeys. The subject proposal is three storeys in part only.
3. A previous approval provided for 44 X 2 bedroom units.
The following are grounds to support the proposal approved 18 May 2020 despite the conflict with
The Noosa Plan:
1. The proposal does not adversely impact on the amenity of the residents of the development
or the surrounding area
2. The proposal does not result in a significant increase in the scale, bulk or density of the
development and will not be visible from outside the site.
3. The proposal is consistent with the existing design elements of the building
4. Sufficient additional car parking has been provided
6. REFERRAL AGENCIES
Not applicable.
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7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Qualified Person
1. For the purpose of certifying acoustic treatments for the development, a qualified person is
considered to be either:
b. Registered Professional Engineer of Queensland;
c. an environmental consultant with a minimum of 3 years current experience in the field
of acoustics.
Noise
2. The applicant is advised to ensure that during the detailed building design and construction
phase, including the design, selection and installation of fixed plant and equipment, A/C units
and refrigeration plant, mechanical exhausts, acoustic enclosures/plant rooms and the like,
that the ongoing advice and design input of a qualified acoustic consultant is sought and
implemented to ensure that the operation of such plant and equipment complies with statutory
and planning noise limits. Mechanical plant and equipment must be provided with appropriate
acoustic enclosures/screening and located away from adjacent noise sensitive premises.
Infrastructure Charges
3. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue.
Infrastructure Charges
4. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Development Approved 28 March 2003
• Development Permit for Building Works
Development Approved 18 May 2020
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building works
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
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13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Jada Lyons
Assistant Development Planner
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice –21 July 1987 – 51987.2949 (TPC 1920)
• Negotiated Decision Notice – TPC 1920 – 15 September 1987, with an amendment to conditions 10 and delete conditions 22.
• Decision Notice - Change - TPC1920 28 March 2003, with additional conditions 40, 42, 43, 44, 45, 46, 47 & 48.
• Decision Notice – Change – 51987.2949.2 – 15 February 2011, include additional conditions 49, 50 & 51.
• Decision Notice – Change – 51987.2949.3 – 11 October 2013, include additional conditions 52, 53, 54 & 55.
• Decision Notice – Minor Change – 51987.2949.4 – 18 May 2020, include additional conditions 56 & 57.
• Decision Notice – Minor Change – 51987.2949.5 – 19 April 2023, with an amendment to description of the permit, amendment to
condition 56, include additional conditions 58 and delete conditions 57.
• Decision Notice – Minor Change – 51987.2949.6 – 3 May 2023, with an amendment to description of the permit, amendment to
condition 56, include additional conditions 59.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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