THE contractor being sued for tearing down the heritage-listed Rex Theatre in 2011 is again in trouble with the council for starting work on a building at Edmonton without the proper approvals.

Michael Anderson will appear in Cairns Magistrates' Court later this month for his involvement in partially demolishing the 80-year-old Rex Theatre, which later needed to be completely dismantled because it was left irreparable and unsafe.

Cairns Regional Council officers yesterday issued another stop-work notice at a worksite because demolition was again under way without the necessary permits.

The small second-hand shop on Mill Rd was not heritage-listed like the Rex, but the works still required a building permit, which had not been granted.

A sign at the front of the building has been partially removed and only timber remains of its roof.

Mr Anderson, who maintains his innocence in the Rex Theatre saga, told The Cairns Post he had lodged the application on Monday.

He said he was under the impression workers could start initial clean-up on the site without commencing demolition on the structure itself.

But a council spokeswoman said demolition was clearly under way when an officer arrived yesterday to assess the site.

"A council officer told them to cease work until approval had been given," the spokeswoman said, adding that no fines had yet been issued.

The building permit application had arrived in the council's planning department by yesterday afternoon, but it would take at least one business day to assess and give the green light.

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