Oral hearing request for Creeslough redevelopment rejected
An Bord Pleanála has rejected a request for an oral hearing against the planned redevelopment of a service station at the site where ten people lost their lives in Creeslough, Co Donegal more than two years ago.
Family members who lost loved ones requested that an oral hearing would be held as part of their appeal against the planned redevelopment of the service station.
On 19 February, Donegal County Council granted planning permission to Vivo Shell Limited to redevelop the existing building at the site of the explosion which occurred on 7 October 2022.
The company's planning application proposes to demolish the existing building and erect a new building to include a shop, a post office, a beauty salon, fuel pumps and memorial features.
In a letter to Donegal County Council this week, An Bord Pleanála said it has decided "to determine the appeal without an oral hearing".
The board said it "has concluded that the appeal can be dealt with adequately through written procedures".
"The Board has absolute discretion to hold an oral hearing and generally holds one where this will help its understanding of a particularly complex case or where it considers that, in a case involving significant national or local issues, the written submissions need to be supplemented by an oral hearing of the issues."
An Bord Pleanála said processing of the appeal will continue and it is due to decide on the case by 14 July.
During the statutory appeal period, An Bord Pleanála received six appeals. Two appeals were valid. Four were deemed invalid.
The two valid appeals were submitted on behalf of bereaved family members and survivors by Damien Tansey Solicitors and Phoenix Law Solicitors.
Phoenix Law said in a 25-page submission due to the complexity of the legal and human rights issues raised, "a fair hearing could only be met through an oral hearing".
Phoenix Law said: "They [bereaved families] do not object to the rebuilding of a commercial shopping enterprise in the Creeslough village, they do however object to same being redeveloped on the very site their loved ones lost their lives."
The law firm said the planning application caused immeasurable hurt and suffering and they added that the site is a place marked by immense loss and trauma.
Damien Tansey Solicitors said in their submission that the notification of decision to grant the planning application was "untimely and premature".
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".
As part of its statutory obligation, Donegal County Council responded to the objections submitted by the law firms.
The council observed that many of the grounds of appeal did not fall within the parameters for assessing planning applications as set out in the Planning and Development Act 2000.
The council said it had "strict regard" to its statutory requirements in response to the observation that the proposal was premature given the ongoing criminal investigation.
The explosion at the service station and apartment complex in Creeslough more than two and half years ago claimed the lives of four men, three women and three children, aged between five and 59.
Those who lost their lives 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.
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