Donegal County Council urges An Bord Pleanála to uphold Creeslough decision

Donegal County Council has asked An Bord Pleanála to uphold its decision to grant planning permission for the redevelopment of the Creeslough explosion complex.

In February, Donegal County Council granted conditional planning permission to Vivo Shell Limited, who are seeking to rebuild the complex that was the site of a 2022 tragedy in which 10 people, including three children, lost their lives.

A series of objections were lodged against the plans with bereaved families and survivors among those to raise concerns. 

Two legal representatives are now taking cases to the planning body.

Damian Tansey Solicitors LLP, are acting on behalf of Hugh Harper, Donna Harper, Anthony Harper, Jamie Harper, Leah Clarke, Marie Ronaghan, Kathryn McDevitt, Amanda Faul, Adrian McAuley and Noeleen McAuley.

Phoenix Law, Human Rights Lawyers from Belfast, represent Aine Flanagan, Shauna Gallagher, Derek Martin, Caroline Lauder, and MarieLouise Macleod.

In a lengthy submission to An Bord Pleanála, Donegal County Council has responded to a number of the objections.

“Although the Planning Authority fully acknowledges the tragic events in Creeslough on 7th of October 2022 and recognizes the trauma that those effected by those events have endured,” the letter says, “it does not consider the grounds of the appeal as set out under items 1-4 fall within the parameters for the assessment of a planning application as set out in Section 34 (2) of the Planning and Development Act 2000 (as amended).”

The Donegal County Council response, signed by senior planner Mr Frank Sweeney, says that it “would not agree with the assertion that the proposed development would negatively affect the character of the village of Creeslough”.

They write: “The commercial development is proposed to offer local services including a shop and post office to the community and visitors to the area adding to the economic vibrancy of the village.”

In relation to safety concerns and increased traffic pollution - a heading used nay some objectors, the Council says that it considers that a proposed one-way system associated with traffic access/egress within the proposed development “is a more managed way than the previous arrangement at this location which had an open unregulated frontage along the entire roadside of the site.”

The Council said it is “restricted to consider the proper planning and sustainable development of the area” when making its decision.

In relation to the prematurity of the proposal given the ongoing criminal investigation, the local authority says it “had strict regard to the statutory requirements as defined in the PDA for making a decision on a planning application”.

Five-year-old Shauna Flanagan-Garwe and her father, Robert Garwe (50) lost their lives, as did Catherine O’Donnell (39) and her 13-year-old son, James Monaghan. Leona Harper, aged 14, and Jessica Gallagher (24) were killed along with shop assistant Martina Martin (49). James O’Flaherty (48), Martin McGill (49) and Hugh Kelly (59) were the other victims of the explosion at a commercial and residential complex in the village.

Earlier this year, Darragh Mackin of Phoenix Law branded the decision to grant planning permission as “insensitive and morally bankrupt.“

He said: “Despite the fierce and unrelenting pleas from the families directly affected, the Donegal County Council has placed commercial and business interests above the interests and rights of these families. 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.

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“The site of the explosion is not just a plot of land or a development site, but a place marked by immense loss and emotional trauma. It holds a significant, painful memory, and the sensitivity of any development here should be prioritised above commercial interests. The failure to consider or place adequate weight on such an important factor would not only be unjust, but it would indeed be unlawful.”