Donegal County Council has written to An Bord Pleanála to uphold its decision on the redevelopment of the Creeslough tragedy site.
The planning authority has responded to two appeals from families bereaved in the October 2022 tragedy, in which 10 people lost their lives.
In February, the green light was given to Vivo Shell Ltd to move forward with constructing a new fuel station, shop, post office and beauty salon. However, families have objected to the building of a new business on the very site that their loved ones lost their lives.
The first appeal was made by parents of the late Leona Harper, Hugh and Donna, her brothers, Anthony and Jamie, and Anthony’s partner Leah Clarke. The signatories include Amanda Faul, Marie Ronaghan, Kathryn McDevitt, sisters of the late Martina Martin (nee Russell), and Nolene and Adrian McAuley, who lived in the building. They are represented by Damien Tansey Solicitors.
They claim that the development is premature, considering that no investigation has been completed into the cause of the explosion, nor have inquests into the deaths of the ten victims taken place.
A second appeal was made by Aine Flanagan, whose lost her partner Robert Garwe and five-year-old daughter Shauna Flanagan-Garwe, Shauna Gallagher, sister of the late Jessica Gallagher, Derek Martin, husband of the late Martina Martin, and Caroline Lauder and MarieLouise Macleod, sisters of the late Martin McGill. They are represented by Human Rights Lawyers Phoenix Law.
The signatories of the Phoenix Law appeal have called for an oral hearing by An Bord Pleanála due to the complexities of legal arguments raised against the development. They claimed that the Planning Authority, by approving the application, breached human rights obligations by failing to allow families to participate fully in the decision.
Donegal County Council was requested to make observations on both appeals.
The Planning Authority said it “fully acknowledges the tragic events in Creeslough on 7th of October 2022 and recognizes the trauma that those effected (sic) by those events have endured.”
Responding to the appeal’s claim that the proposed development would negatively affect the character of the village of Creeslough, the authority said it believes the development would enhance Creeslough village and that a road safety audit refuted any safety concerns raised by the appellants.
The second appeal, submitted by Phoenix Law, raised concerns under several headings, including human rights (Article 8 ECHR) and environmental grounds. The Planning Authority contended that the European Convention on Human Rights (ECHR) Article 8 – right to respect for private and family life – was not applicable in this planning context. The council said its decision is restricted to considering the “proper planning and sustainable development of the area”.
They also stated that an environmental impact assessment was not required as the development site size was below the threshold.
The Planning Authority maintains it followed all statutory requirements in its decision-making process and urged An Bord Pleanála to uphold the original grant of permission.
An Bord Pleanála has a statutory objective to decide on appeals within 18 weeks.
The appeal in relation to the Creeslough development was lodged on 10th March 2025, three weeks from today.
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