An Bord Pleanála has ruled out an oral hearing for the application to rebuild the Creeslough service station where 10 people lost their lives in 2022.
The request was made to An Bord Pleanala by a number of objectors who were bereaved by the October 2022 tragedy.
They are 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.
An Bord Pleanála has decided to proceed with a written determination for the appeal.
The Board has determined that an oral hearing is not necessary as the appeal can be adequately handled through written procedures.
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 Department will be notified of the decision once it is made.
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.
In correspondence to An Bord Pleanála in April, 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, which was granted planning permission in February, 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.
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 ten 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.
