The Office of the Ombudsman has called on an Oireachtas committee to examine means of strengthening compliance with the planning laws, writes Arthur Beesley, Political Reporter.
The office said the requirement to observe the planning code should be placed on an equal footing in the Constitution with the right of an individual to protect their property rights.
In a submission to the all-party Committee on the Constitution, the office also called for a streamlined process to enable the public to protect their right of access to the countryside.
Chaired by Mr Denis O'Donovan TD (FF), the committee is examining property rights.
In public hearings next week, it is expected to assess the possibility of placing a cap on the price of development land as a means of controlling the price of housing.
The paper from the Office of the Ombudsman was submitted to the committee on May 29th, two days before Ms Emily O'Reilly succeeded Mr Kevin Murphy as Ombudsman.
Seen by The Irish Times, it said: "Local authorities have advised the Ombudsman that they have been reluctant to proceed with prosecutions against developers for non-compliance with the planning code. Their scepticism is based on past experience of the exercise of the discretion of the courts in favour of developers who, despite proven infringements, are seen as the 'victims' of the oppressive local authority rather than law breakers."
It added: "It seems the traditional view has been to regard the requirement to obtain planning permission as an interference with or a restriction of a person's property rights."
However, the paper said local authorities and the public took the view that the granting of planning permission was usually "an enhancement of property rights".
The paper suggested that the committee might examine the Constitution "with a view to providing for a balance between individual property rights and the common good, particularly where the State has a legal obligation to ensure compliance with the law in the interests of the common good".