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 who lost loved ones in the October 2022 tragedy, which claimed ten lives.
In February, Vivo Shell Ltd was granted permission to demolish what is left of the building on the land and construct a new filling station and shop.
However, the families of those who died and many local people have objected to the plans detailed in the planning permission.
Instead, they want the site to become a memorial site for the victims.
Since then, two appeals have been lodged with An Bord Pleanála.
The first appeal was made by Sligo based solicitor Damian Tansay on behalf of Leona Harper’s family, her parents Hugh and Donna, her brothers Anthony and Jamie and Anthony’s partner Leah Clarke. The signatories include Amanda Faul, Marie Ronaghan, Kathryn McDevitt, Adrian McAuley and Noeleen McAuley.
The second appeal was submitted by Phoenix Law, a Belfast-based law firm, on behalf of Aine Flanagan, partner of the late Robert Garwe and mother of the late 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.
As part of this appeal, Belfast based solicitor, Darragh Mackin of Phoenix Law, requested an oral hearing.
According to documents submitted by Phoenix Law, the proposed planning application for development in the same location as the incident has caused “immeasurable hurt and suffering”.
“The site of the explosion is not just a plot of land or a developed site, but a place marked by immense loss and emotional trauma,” the document states.
In a letter to An Bord Pleanala on Friday, the Planning Authority said it “fully acknowledges” the tragic events in Creeslough on October 7, 2022 and “recognises the trauma” endured.
In response to the appellants claims that the proposed development would harm the character of Creeslough village, the Planning Authority stated that the commercial development aims to provide local services, including a shop and post office, for both the community and visitors, thereby contributing to the village’s economic vibrancy.
In relation to the prematurity of the proposal given the ongoing criminal investigation, the Planning Authority said they had strict regard to the statutory requirements as defined in the Planning and Development Act 2000 for making a decision on a planning application.
The council’s submission also addressed concerns related to environmental and human rights grounds.
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 March 10, 2025.
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