The new application will be lodged by the Lafferty family with Donegal County Council in the coming days.

It follows a decision by An Bord Pleanala to rule out a request for an oral hearing in the case.

Donegal County Council last month granted planning permission Vivo Shell Ltd to move forward with a new development on the site of the tragedy.

Damien Tansey said the Donegal County Council was behaving as “if this was a normal development case in respect of which planning permission was sought"

Last month, a solicitor representing the families of seven of the 10 people who died wrote to Minister McEntee's office requesting the establishment of a public inquiry.