Families of those killed and injured in the Creeslough tragedy in Co Donegal have been refused an opportunity to speak during an appeal against an application to rebuild the petrol station at the centre of the explosion.
It follows a decision by An Bord Pleanála to rule out a request for an oral hearing in the case.
The request was made to An Bord Pleanála by a number of objectors who were bereaved by the October 2022 tragedy. Ten people died following a huge explosion at the service station.
The objectors include Áine Flanagan, who 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.
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The group, represented by human rights lawyers Phoenix Law, had argued that the level of national interest and the complexities of legal issues raised against the development warranted a full public hearing.
However, An Bord Pleanála decided to proceed with a written determination for the appeal and contacted Donegal County Council to inform it of the decision. The council then informed members of the bereaved families.
Donegal County Council said An Bord Pleanála decided an oral hearing is not necessary as the appeal can be adequately handled through written procedures.
Reacting to the decision, one bereaved family member said the voices of those left behind after the tragedy had once again been silenced.
The woman, who asked not to be named, said, “This is a disgrace. We are not being given a chance to outline our concerns in a proper manner.
“Ten people have died and yet An Bord Pleanála do not think their lives or our hurt are important enough so we can be heard.”
In an update provided to Donegal County Council, the board confirmed that the processing of the appeal will now continue, and the Donegal County Council Planning Department will be notified of the decision once it is made.
The signatories of the Phoenix Law appeal claimed that the Donegal Planning Authority, by approving the application, breached human rights obligations by failing to allow families to participate fully in the decision.
The Planning Authority maintained it followed all statutory requirements in its decision-making process and urged An Bord Pleanála to uphold the original grant of permission.
The development will involve demolishing the existing building and erecting a new building which will include a shop, post office, beauty salon, fuel pumps and memorial features, including space for a memorial garden. Planning permission was granted in February.
A number of families impacted by the tragedy have strongly objected to the building of a new business on the site where their loved ones lost their lives.
In a separate appeal, objectors have argued that it is against public policy to rebuild a development where a mass tragedy has occurred. They stated that inquests into the deaths of the 10 victims have not yet been held, and that if the development proceeds it will result in the destruction of crucial evidence.
“Both the Stardust Nightclub and the Grenfell Tower were never rebuilt, and the explosion in Creeslough is akin to those tragedies,” the appeal said.
