Creeslough families to challenge "morally bankrupt" planning permission for site of blast

The families of the ten people killed in an explosion at a service station in Creeslough, Co Donegal in 2022 will challenge Donegal County Council's decision to grant planning permission at the site.

In its decision published online this week, Donegal County Council granted planning permission to Vivo Shell Limited, who applied in April 2024.

Permission has been granted for the demolition of the existing building and erection of a new, commercial building which will include a shop, post office, off-licence, store, deli, toilets, staff welfare facilities, forecourt, replacement of underground storage tanks and pumps, external canopy, and associated signage.

Permission is also granted for "all other associated site development works including a space for a memorial garden."

On October 7, 2022, an explosion at the Applegreen Station in Creeslough, Co Donegal killed ten people: Jessica Gallagher, 24, Robert Garwe, 50, his five-year-old daughter Shauna Flanagan Garwe, Leona Harper, 14, Hugh Kelly, 59, Martina Martin, 49, Martin McGill, 49, Catherine O'Donnell, 39, her 13-year-old son James Monaghan, and James O'Flaherty, 48.

The Creeslough victims.

In November, An Garda Siochana announced that a man in his 60s, the fifth person arrested in relation to the tragedy, had been released.

Gardai said at the time that the investigation is ongoing, co-ordinated from Milford Garda station where an Incident Room has been established under the direction of a Senior Investigating Officer.

On Thursday, Phoenix Law, who is acting for a number of the Creeslough families, said in a statement that families will be challenging the planning permission.

“It is difficult to comprehend a more insensitive and morally bankrupt decision in recent times," Darragh Mackin, Partner at Phoenix Law said on Thursday.

"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."

October 10, 2022: The scene in Creeslough, Co Donegal two days after a fatal explosion. (RollingNews.ie)

Mackin continued: "It is unfathomable that the Grenfell Tower or the Stardust nightclub would be rebuilt. Creeslough is no different.

"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.

"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 relevation underscores the families’ concerns as to the motivations of the instant decision.”

Damien Tansey, a Sligo solicitor who is representing two of the Creeslough families, told RTÉ Radio's News at One on Thursday that his clients are "troubled beyond description" and "very disappointed."

Tansey said the Creeslough site is not a "normal site by any stretch of the imagination.

"A tragedy of enormous proportions happened on this site and clearly the preservation of the evidence that is still on the site is of the utmost importance.

"And the County Council, one would expect, would dovetail with the other agencies of the State that are involved in forensic and detailed examinations, including the gardai, the HSA, and the Commission for the Regulation of Utilities, all of those State agencies are involved in detailed investigations.

"We're informed that the conclusion of those investigations is some distance away.

"And the idea that one branch of the State would press ahead in circumstances where investigations are still ongoing is extraordinary."