Can I start building during an appeal if permission exists

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11 Mar 2014
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Cornwall
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United Kingdom
Can anyone advise me on this please. I have asked our LPA, and are awaiting a response, but would be interested to hear from anyone know knows the answer to this question. We have permission already in place to demolish our garage and build an art gallery/library, which we've had for 7 years (having been renewed). Neither the demolition nor building works have yet been started. Last year we decided we'd like to have an annex in its place so we submitted an application for an annex which stands in the same position and is the same size as the existing permission for art gallery. The LPA turned our application down and it is currently going through the appeal process (since July last year!). My question is, the allowed library/art gallery and our proposal for annex both stand on the same footprint, the same building (size and placing) until windows and roof are introduced into the building, so are we able to proceed with demolishing the garage and putting in foundations for the art gallery which has approval, stopping at the point where windows and doors are introduced, to await a decision on whether that same building can be used as an annex? Obviously if our appeal was rejected the build would continue as an art gallery, with windows and roof as per the original planning permission.
I'd appreciate any feedback.
 
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Just make sure you comply with any pre-demolition/commencement conditions that may have been attached to the previous (although current) Approval. If you then start, the LPA should be able to carry over those conditions and re-word them to suit the new Approval, assuming the Appeal is granted.
 

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