by Louise Doyle
A SOLICITOR representing a number of bereaved Creeslough families has said they remain committed to securing a public inquiry into the cause of the circumstances of the tragedy which claimed the lives of their loved ones.
Darragh Mackin, of Phoenix Law, made his comments on Friday after An Bord Pleanála quashed the application for a new building on the site where 10 people lost their lives in a suspected gas explosion on October 7, 2022.
In February, Donegal County Council granted planning permission, subject to conditions, to applicant Vivo Shell Limited for the demolition of the existing building, and the construction of a new building comprising space for a memorial garden.
Phoenix Law made detailed submissions to the planning panel on behalf of the families, which were accepted by the panel granting the appeal.
The human rights lawyers highlighted that proposing a development on the site while a criminal investigation is still ongoing was deeply inappropriate.
The families believe the ground should be treated with dignity and respect, given the scale of loss and trauma suffered. The initial decision to grant planning permission rubbed salt in the wounds of the families.
In refusing permission, An Bord Pleanála cite the recent history of the site as one of its reasons for doing so.
“Having regard to the recent history of the site, it is considered that the proposed memorial consisting of an architectural installation at the vehicular exit to the site, and a separate small green area as a space for a memorial garden adjoining the car park servicing the development, is inappropriately sited in the context of the significant pedestrian and traffic movement that will take place throughout the site when operational, and this raises serious concern in relation to both the safety for those visiting the memorials and also the inappropriate siting of the memorial within the development itself. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.”
An Bord Pleanála also deem the proposed development would “seriously injure the visual amenities of the area”.
“Having regard to the existing character and the prevailing pattern of development in Creeslough, it is considered that the proposed development, by reason of its overall architectural treatment, scale and design, would be out of character with its surroundings, would serious detract from the architectural character and setting of Creeslough and of the streetscape and approach to Creeslough from Letterkenny generally.
“To promote the proposed scheme at this prominent location could have such a negative effect on the visual amenity and local character of Creeslough as to negatively impact on the wider, long-term regeneration and renewal of the village. The proposed development would, therefore, seriously injure the visual amenities of the area to the proper planning and sustainable development of the area.”
Speaking after the publication of the decision on Friday, Mr Mackin said: “Today’s decision has restored faith in the rule of law, where victims are treated with dignity and respect. We continue to call for a full public inquiry into the circumstances surrounding the tragedy. The families remain committed to seeking truth, accountability and justice.”
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