An appeal has been lodged against the redevelopment of a service station at the site where ten people died in an explosion in Creeslough, Co Donegal, more than two years ago.
Damien Tansey Solicitors submitted an appeal to An Bord Pleanála on behalf of bereaved family members who lost loved ones in the tragedy on 7 October 2022.
Donegal County Council granted planning permission to Vivo Shell Limited on 19 February to redevelop the existing building at the site of the explosion.
The company's proposal included plans to demolish the existing building and erect a new building which would include a shop, a post office, a beauty salon, fuel pumps and memorial features.
As part of the statutory planning process, all parties who made submissions to Donegal County Council about the proposed development have four weeks from 19 February to consider the council’s decision and decide whether to submit a new appeal to An Bord Pleanála.
The submission to An Bord Pleanála has challenged the decision of Donegal County Council on four grounds.
It said the notification of decision to grant the planning application "is untimely and premature".
The submission argued material evidence on the site "must be preserved and maintained" until the ongoing garda and Health and Safety Authority investigations have concluded.
"It will result in the destruction of crucial evidence which is required for the said inquests."
The submission said as bereaved families have requested the Government establish a statutory inquiry - they believe the "site and the remains of the building on the site should not be tampered with in any way…" until a statutory inquiry has concluded.
In respect of inquests yet to be held, the submission said if the notification of decision to grant is upheld, "it will result in the destruction of crucial evidence which is required for the said inquests".
The submission stated that neither the Stardust Nightclub and Grenfell Tower site were rebuilt and "the explosion in Creeslough is akin to those tragedies".
It said: "It would be insulting and disrespectful to the families of the victims to rebuild the service station on the same plot of land where ten of their cherished family members lost their lives."
The submission criticised the proposed memorial and it suggested a suitable memorial should be erected after detailed discussions with all interested parties, especially the bereaved families.
An Bord Pleanála is due to decide on the case by 14 July.
Donegal County Council issued a notification of a decision to grant permission for the development subject to ten conditions on 19 February.
In its planning proposal to Donegal County Council, Vivo Shell Limited expressed hope that "family members of persons who were injured or are deceased will see that much consideration and thought has gone into the application to be respectful towards all".
The explosion at the service station and apartment complex in Creeslough claimed the lives of four men, three women and three children, aged between five and 59.
Those who died were Robert Garwe and his five-year-old daughter Shauna Flanagan-Garwe; Catherine O'Donnell and her 13-year-old son James Monaghan; Jessica Gallagher; Martin McGill; James O'Flaherty; Martina Martin; Hugh 'Hughie' Kelly; and 14-year-old Leona Harper.
