THE owner of Warrnambool's Fletcher Jones factory gardens and his company face potential fines of more than $8 million for allegedly pruning vegetation without a heritage permit.Ian Ballis, of Geelong, and Daramking Pty Ltd face a total of 22 charges to be heard in Warrnambool Magistrates Court.The case was scheduled for Wednesday, but has been adjourned until April 27 for a mentions hearing.Mr Ballis yesterday vowed to vigorously defend the charges, claiming the prosecution was out of proportion to what was basically a "tidy-up exercise". Heritage Victoria has confirmed that charges relate to removal or trimming of a number of trees and shrubs along Flaxman Street and Raglan Parade between December 2007 and March 2008 without a permit.Mr Ballis faces 12 charges which each carry fines up to $272,208. The body corporate company faces 10 charges with fines up to $544,416. Jail could also be imposed.It is understood one tree was cut to ground level and several other trees and shrubs vigorously pruned.Almost all have regrown. Mr Ballis bought the site from Warrnambool City Council in 2007 for about $1.5 million as an outlet for his Mill Markets chain. The alleged offences took place shortly after the sale settlement. "The place was overgrown. It was a tidying-up exercise. I assumed the works would come under maintenance. "There was no ill-intent and we certainly don't intend to damage or destroy the gardens."They have blown it well out of proportion."The former clothing factory and its Pleasant Hill gardens are on the state heritage register and any works on the site need a permit or exemption from Heritage Victoria, which regards the area as of historical, social and aesthetic significance to the state."The gardens are of aesthetic significance as a rare and outstanding example of a mid-20th century ornamental garden created in an industrial setting," the watchdog says on its website. Mr Ballis said it cost about $100,000 a year to maintain the gardens and he realised they were a tourism drawcard.