The owner of an out-of-town plant 'superstore' says he will fight all the way to save his business which Teignbridge Council says is breaking planning rules. Tony Joyner has operated the Plants Galore nursery at Forches Cross, Newton Abbot, for seven years, but a council investigation concluded that he was retailing without the necessary change of use permission and in December 2006 was advised to stop. But a report due to be considered by councillors on Monday says that more advertisements have been erected promoting a plant 'superstore'. The business, the report states, is in an 'unsustainable' location where retail sales are not justified and transport links are poor, as is the access off the A382 Bovey Road. Councillors are being urged to issue an enforcement notice giving Mr Joyner three months to halt retail sales or face legal action. He also faces prosecution for the unauthorised signs. Mr Joyner said he was offering 'farm gate sales' for which a change of use was not required. He also said that with two other businesses selling to the public on the same site, including another plant nursery with a café, it was unreasonable to claim his was in the wrong location. He has now sent a dossier to all Teignbridge councillors in which he argues his case: He sad: 'Our specialist consultants are adamant that we are not breaking any planning law by growing and selling our own plants. 'The crux of the issue is Teignbridge is saying there has been a change of use and we're arguing there hasn't. We grow plants and we sell plants. How we sell them, whether it's to passing trade or wholesale, is immaterial as they are our own plants and therefore exempt from this legislation.' Mr Joyner said his business provided 50 jobs and he was happy to help fund a new roundabout on the Bovey Road if that would improve access. 'We should be supported by the local council not be put out of business by it,' he said. 'The problem is the planning department thinks one day we could sell out to someone like Tesco and they're worried about setting a precedent, but we can agree a covenant which forbids that. 'There are solutions to every one of Teignbridge's problems but they just do not want to listen. We're going to fight this all the way. We've no alternative, it's our only livelihood.'