Latest news with #AnBordPleanála
Irish Examiner
10 hours ago
- Irish Examiner
An Bord Pleanála blocks Creeslough service station plan on site of tragic 2022 explosion
An Bord Pleanála has overturned planning permission for a new filling station on the site of the 2022 explosion in Creeslough, Co Donegal, where ten people were killed. Donegal County Council had granted permission to Vivo Shell Limited in February to redevelop the service station and shop at the site. The decision was appealed by several family members of those killed in the October 2022 blast. Today, An Bord Pleanála announced it was rejecting the application. The planning authority said the proposed development was "out of character" with its surroundings in the village. The body said "Having regard to the existing character and the prevailing pattern of development in Creeslough, it is considered that the proposed development (as amended), by reason of its overall architectural treatment, scale and design, would be out of character with its surroundings, would seriously detract from the architectural character and setting of Creeslough and the streetscape and approach from Letterkenny generally. "It is considered, therefore, that the proposed development would be contrary to Policy ED-P-9 of the County Development Plan, 2024, 2023 being of inappropriate layout and building design in the context of the existing landscape. "To permit the proposed scheme (as amended) 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 and the proper planning and sustainable development of the area." The proposed rebuild included the demolition of the existing building and the construction of a new structure comprising a shop, post office, deli, off-license, and fuel forecourt. 'Deeply inappropriate' Families affected by the Creeslough tragedy have welcomed the decision to overturn planning permission on the site of the fatal 2022 explosion. In a statement issued through Phoenix Law, which represented them in the appeal, the families said the proposal to redevelop the location while a criminal investigation remains ongoing was "deeply inappropriate." They said the site, where 10 people lost their lives in an explosion at an Applegreen service station, should be treated with "dignity and respect" in light of the scale of loss and trauma experienced by the community. Phoenix Law's Darragh Mackin said the outcome had "restored faith in the rule of law, where victims are treated with dignity and respect." He added that the families continue to call for a full public inquiry into the circumstances of the disaster, and remain committed to pursuing 'truth, accountability and justice.' A memorial garden and light-based sculpture featuring ten metal poles to commemorate those who died in the explosion were also planned for the site. However, many of the families who lost loved ones in the tragedy viewed the redevelopment as an insult to their memory, especially considering that their relatives died in the metal and rubble of the original blast. The families are still processing the news, which was relayed to them by their legal team and communicated by Donegal County Council. One of the family members who lost a loved one said, "This is terrific news. When we got the news yesterday that there would not be an oral hearing, we were so disappointed and feared the worst. "This is tremendous news. We simply do not want a new service station on the site in which our loved ones died."
BreakingNews.ie
10 hours ago
- Business
- BreakingNews.ie
Planning permission refused for new petrol station on site of Creeslough tragedy
An Bord Pleanála has overturned planning permission for a new filling station on the site of the explosion in Creeslough, Co Donegal, in which 10 people were killed. Donegal County Council granted permission to Vivo Shell Limited to redevelop a service station and shop at the site in February. Advertisement The decision was appealed by a number of family members of those killed in the October 2022 blast. On Friday An Bord Pleanála revealed it was turning down the application. The planning authority said the proposed plan was "out of character" with its surroundings in the village. The body said: "Having regard to the existing character and the prevailing pattern of development in Creeslough, it is considered that the proposed development (as amended), by reason of its overall architectural treatment, scale and design, would be out of character with its surroundings, would seriously detract from the architectural character and setting of Creeslough and the streetscape and approach from Letterkenny generally. Advertisement "It is considered therefore, that the proposed development would be contrary to Policy ED-P-9, of the County Development Plan, 2024 2023 being of inappropriate layout and building design in the context of the existing landscape. "To permit the proposed scheme (as amended) 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 and the proper planning and sustainable development of the area." The proposed rebuild had allowed for the demolition of the existing building and the construction of a new structure that includes a shop, post office, deli, off-licence and fuel forecourt. Advertisement A memorial garden and light-based sculpture with 10 metal poles commemorating those who perished in the tragedy was also planned for the site. However, many of the families who lost loved ones in the tragedy said this was an insult to their memory considering they died in the metal and rubble of the blast. The families are still digesting the news while was relayed to them by their legal team and was also delivered by Donegal County Council. One of the family members who lost a loved one in the tragedy said: "This is terrific news. When we got the news yesterday that there would not be an oral hearing we were so disappointed and feared the worst. Advertisement "This is tremendous news. We simply do not want a new service station on the site in which our loved ones died." A statement on behalf of the families welcomed the decision to quash the application for a new building on the site. Ireland Families of Creeslough tragedy victims outraged af... Read More "Proposing development on this site while a criminal investigation is still ongoing was deeply inappropriate," the statement said. "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." Darragh Mackin, the families' legal representative, 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."
RTÉ News
a day ago
- Business
- RTÉ News
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.
BreakingNews.ie
a day ago
- BreakingNews.ie
Families of Creeslough tragedy victims outraged after being refused hearing
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 tragedy. It follows a decision by An Bord Pleanála to rule out a request for an oral hearing in the case. Advertisement 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 in October 2022. The objectors include Aine 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. 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. Advertisement However, An Bord Pleanála decided to proceed with a written determination for the appeal. An Bord Pleanála contacted Donegal County Council to inform them of their decision. The council then contacted members of the bereaved families informing them of the decision. Donegal County Council said An Bord Pleanála has decided that an oral hearing is not necessary as the appeal can be adequately handled through written procedures. Advertisement 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 aepartment will be notified of the decision once it is made. Advertisement 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 new development will include demolishing the existing building and erect a new building which would include a shop, a post office, a beauty salon, fuel pumps and memorial features including space for a memorial garden. Planning permission for this was granted in February. Advertisement Ireland Castletown House activists sued by companies over... Read More A number of families impacted by the tragedy have strongly objected to the building of a new business on the very 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 occurred 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.
Irish Examiner
a day ago
- Business
- Irish Examiner
Plans for 400 student bedspaces in Cork get go-ahead despite strong local opposition
Plans for more than 400 new student bedspaces in Cork have received the green light from An Bord Pleanála despite heavy local opposition. Lyonshall Ltd can now progress with the plans for the 408-bed purpose-built student accommodation development on the site of the former St Joseph's Convent on Model Farm Road to the west of the city centre. In its order, An Bord Pleanála said: 'The proposed development would provide an acceptable form of student accommodation in an area with a clear demand for such accommodation.' Last December, Lyonshall Ltd applied for permission for the 408 student beds across 57 apartments reaching as high as five storeys. As part of the plans, the existing former convent on the site would be demolished. Two months later, the plans were approved by Cork City Council despite local opposition. This was the second time developers have tried to secure permission for student accommodation on the site. The first application was turned by An Bord Pleanála in June 2024 due to limited communal facilities that 'failed to provide a satisfactory standard of residential amenity for the student population'. In its fresh application, developers said the proposed bedspaces 'will further support the students enrolled in Munster Technological University and University College Cork, where there is a high demand for student accommodation'. It also suggested figures show a significant undersupply of student housing in Cork, and this development would help meet the 'increased demand' from student bedspaces being used for the housing of Ukrainian refugees. However, following the planning approval from City Hall, no fewer than 12 appeals were lodged against the development. Summarising the objections, an An Bord Pleanála inspector said concerns varied from transport and residential amenity to visual impact and the scale of the development. 'The proposed scheme is essentially the same as that which was previously refused permission on this site,' objectors argued, adding the site should be used for housing rather than student accommodation. Concerns were also raised about the potential for it to be used as short-term lets in the summer months. One of the original conditions to the approval granted by Cork City Council was that the development be used as tourist or visitor accommodation during academic holiday periods but 'shall not be used for permanent residential accommodation, as a hotel, hostel, aparthotel or similar' without seeking further planning permission first. This was re-affirmed by An Bord Pleanála in its approval of the development, which was signed off unanimously by two board members. It added the apartments were of an acceptable scale and density and would 'not seriously injure' the amenities of the area.
