COUNCILLORS could face a legal challenge if they reject plans for a second extension to a factory which will bottle spa water for sale around the world.

Harrogate Borough Council set aside its own policies to give the go-ahead to Harrogate Spa Water Ltd to build a bottling plant in an area close to the Pine Woods, off Harlow Moor Road.

The consent last October was given despite a campaign by more than 1,000 protestors, and after Deputy Prime Minister John Prescott declined to intervene.

Since then, the company has won consent for an extension to the factory, but although building work has yet to begin, it is now seeking a second extension.

Councillors who have already made one attempt to get the scheme thrown out will again debate the issues - both planning and legal - at a meeting on Thursday.

Area planning officer Anne Smith will urge that councillors approve the scheme, with the support of legal officers. They will also argue that because two applications have already been approved there could be a legal challenge to a refusal.

The decision to grant original extension plans was based on the need to project Harrogate's name and image worldwide as part of a bid to revive its spa ethos.

Protestors say the originally approved plant would be big enough to meet water bottling needs for five years and say the two extensions together would mean a 20 per cent size increase.

A spokesman for the company said it needed more storage space.