A solicitor representing families who lost loved ones in the explosion in Creeslough more than two years ago has said they intend to challenge the decision to award planning permission to redevelop a service station at the site.
Sligo solicitor Damien Tansey, who is respresenting two families who had been affected by the blast in Creeslough, said his clients would be appealing the decision by Donegal County Council.
"But there's another matter equally important," he said. "The inquest has not yet taken place and I'm sure the coroner in Donegal will be concerned about the preservation of material evidence for his purpose."
Mr Tansey said the HSA, commission for the regulation of utilities and garda investigations were also still ongoing.
"Clearly asking people to make to take a view of on the development of the site in advance of the release of information that those investigations will produce is premature."
Mr Tansey also called for the State to convene a statutory inquiry into the explosion.
Ten people - four men, three women and three children - ranging in age from five to 59, lost their lives in the tragedy on 7 October 2022.
Read more:
Planning granted to redevelop site of Creeslough tragedy
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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.
Darragh Mackin of Phoenix Law, who is also representing families, said it is "difficult to comprehend a more insensitive and morally bankrupt decision in recent times".
He added that Donegal County Council has placed commercial and business interests above the interests of the bereaved families and their "fierce and unrelenting pleas".
"Such a decision will not be taken lying down. Our clients have today signalled their intention to challenge every aspect of this planning decision in an effort to vindicate their rights, and the rights of their loved ones," Mr Mackin said.
In a statement, he said it would be "unfathomable" to have rebuilt the Stardust nightclub or Grenfell tower in the aftermath of those tragedies.
"Creeslough is no different," he said.
"This decision seeks to rub salt into the open wounds of these families who have now for a second time in recent months, been compelled to fight for what ought to be very basic rights. But fight they will."
"I can't believe that they're going to build a shop back where ten people lost their lives."
Mr Mackin added: "Questions must be asked when a contentious decision such as this appears in the local media in Donegal before it is even as much as notified to these families.
"In many ways, this revelation underscores the families' concerns as to the motivations of the instant decision."
Applegreen is not involved in the planning application, a spokesman confirmed.
Leona Harper was one of those killed in the Cresslough explosion.
The 14-year-old was the only daughter of Donna and Hugh Harper.
Speaking to RTÉ's Six One News, Donna said they learned of the planning decision "late last night, somebody had sent me a screenshot of an article on the front page of a newspaper, and that's why we found out".
Hugh said their reaction was one of "disappointment."
Donna said that despite a commitment by the developers to include a memorial in the plan for the site, she felt it still was not "respectful," and she said it was hard to comment because of the continued lack of answers despite ongoing investigations.
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'Anger' over handling of issue - victim's sister
The sister of victim Catherine O'Donnell, and aunt of James Monaghan, said families were "angry" at how the issue has been handled.
Speaking this afternoon, Anne Marie Boyle said: "We're angry. We're angry of the way it's all been handled. We've been told from the very start by Donegal County Council, any decisions or discussions that were being had or made, that the families would be at the very forefront to be updated of the decisions."
She added there had been: "No consultations with families".
Marie Ronaghan, the sister of victim Martina Martin, said: "I can't believe that they're going to build a shop back where ten people lost their lives.
"It's so disrespectful to the family, the feelings of the family. We haven't been taken into consideration at all here."
Áine Flanagan, who lost her partner Robert Garwe and their five-year-old daughter Shauna in the explosion, said she was "absolutely devastated and appalled at the insensitivity of the planning going through".
Speaking on RTÉ's Drivetime, Ms Flanagan said she did not understand how planning has been given with an investigation ongoing.
"We were told by the council at a garda meeting that nothing would happen until the investigation was over," she said.
"We are in absolute bits with this planning going through...nothing was built on the Stardust, nothing is going to be built on Grenfell, even in the States at Ground Zero nothing was built.
"Why is Creeslough different?"
She said that the site of the Creeslough explosion should become a memorial and there are "loads of other sites that they can rebuild on".
"It's a tiny little patch of land at the back of the bike sheds, it's ten poles. Our loved ones were wrapped in concrete and steel and they want to put up ten poles.
"How insulting is that to us, the families," she said.
'Vacuum of information' for families - solicitor
Sligo solicitor Damien Tansey, who is representing two of the families, also said they are experiencing a "vacuum of information".
"They're not getting any information, and we’re more than two years down the road," said Mr Tansey.
"How long more do they have to wait for the information that they’re entitled to?"
Speaking on RTÉ News at One, Mr Tansey said that the families he represents are troubled beyond description and are very disappointed with Donegal County Council for granting planning for the redevelopment of the service station site.
"They're not getting any information, and we're more than two years down the road."
He said that he accepted that the council was acting bona fide, but the timing is what the family are concerned about.
"The families are not intent on blocking the planning permission per se.
"They are intent instead on ensuring that the planning permission and any development that might ensue, pursuant to it, does not happen until investigations are completed".
The solicitor said that the families feel the site is being treated as a normal development site when it is not, as a tragedy of enormous proportions happened there.
He added that the preservation of the evidence still on the site is of the utmost importance.
"The county council one would expect would dovetail with the other agencies of the State that are involved in forensic and detailed examinations".
"There is nothing to prevent the current owners pressing ahead with the development if they have planning permission to do so."
He said that it was his understanding that the conclusion of these investigations was still some distance away.
"One would expect that an injunction might be secured with a view to securing the site," he said.
"Unless that happens, there is nothing to prevent the current owners pressing ahead with the development if they have planning permission to do so.
"It would appear that that is the intent of the current owners".
Mr Tansey said that the families need to hear from the three State agencies currently involved in extensive investigation, which are An Garda Síochána, the Health and Safety Authority and the Commission for the Regulation of Utilities who will be informed by those outcomes.
He said that only when they have the full reports, will the families give their verdict on whether the site should be developed to replace the business that was there before the explosion and its further development.
Mr Tansey explained that a meeting took place in October last year with the then Minister for Justice, Agriculture Minister and Transport Minister.
The families were informed about this planning application and that immediate steps should be taken so that no development would be allowed to proceed the site until the investigations were completed.
He said at that time, the families also called on the Government to set up a statutory inquiry, as they see it as their role in terms of vindicating the lives of their loved ones.
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Additional reporting Joan O'Sullivan
