PLANS to build an old people's home in the shadow of York's British Sugar factory have got the go-ahead - despite warnings that elderly residents could be in danger from Legionnaire's Disease.

Members of City of York Council's planning committee unanimously approved NHP Operations' application to construct the home on the site of the former Donnelley printing works, off Boroughbridge Road.

It will provide 80 bed spaces for the "elderly frail" and "elderly mentally infirm".

British Sugar bosses had objected to the proposal, saying the cooling towers at its nearby factory could be a "potential source" of legionnaires.

Frail pensioners are considered most at risk from the illness.

A company spokesman had said the towers were regularly monitored and reassured residents that there was no threat of an outbreak.

The care home will be 150 to 200 metres from the cooling towers.

British Sugar environment manager Ian Humphries told the planning meeting that there was no threat from an outbreak, and stressed they fully complied with rules laid down by the Health and Safety Executive.

But he told members: "If there is a risk, no matter how minimal, is it worth taking by putting frail and elderly people near our site?"

Mr Humphries said they objected to the proposal because of potential future complaints from the care home about the noise and smell from the factory.

He said it would cost them £500,000 to stop unpleasant odours wafting from the plant.

"There must be a far more appropriate site for a care home such as this," he said.

But Coun Sue Galloway told the meeting that the odour would still be a problem whether the site was used for an office block or a care home.

Coun Quentin Macdonald said there were no planning reasons for turning down the application "because there is a smell".

"The world is closing in on them (British Sugar) and I appreciate that," he said.

Coun Steve Galloway said the care home would be a vital facility to elderly people in the city, as many lived in difficult conditions.

"If we don't provide it they would be in much worse condition," he said.

Mr Humphries refused to comment on the result after the meeting.

Updated: 13:34 Friday, April 16, 2004