The Cabinet is asked to note any apologies for absence received from Members.

Apologies for absence were submitted on behalf of Councillors P Kotz (Portfolio Holder for Assets & Community Safety), G R Placey (Portfolio Holder for Partnerships), J D Bray (Leader of the Reform UK Group) and J B Chapman BEM (Leader of the Independent Group).

To confirm as a correct record and sign the minutes of the last meeting of the Cabinet held on Friday 24 July 2026.

It was moved by Councillor Stephenson, seconded by Councillor Hendersonand:-

RESOLVED that the minutes of the meeting of the Cabinet, held on Friday 24 July 2026, be approved as a correct record and be signed by the Chairman.

Councillors are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests or Non-Registerable Interests, and the nature of it, in relation to any item on the agenda.

There were no declarations of interest made by Members on this occasion.

The Cabinet is asked to note any announcements made by the Leader of the Council.

The Leader of the Council (Councillor Stephenson) invited the Chief Executive to give an update on Local Government Reorganisation (LGR).

The Chief Executive (Ian Davidson) referred to the Secretary of State's announcement made on 7 September 2026 in Parliament that she was withdrawing, following legal challenges and on legal advice, the Government’s “minded to” LGR decision for Greater Essex, Hampshire, Norfolk and Suffolk to enable a review to take place. Meanwhile, LGR plans for 14 other areas would also be reviewed and paused.

Mr. Davidson reiterated strongly that the work done to date by this Council’s Officers on LGR had been very useful and vital and had laid the foundation for the future, regardless of what happened with LGR and with particular regard to joint partnership working with Braintree and Colchester Councils around shared futures and priorities and other work that would go forward regardless of the final LGR outcome.

The Leader of the Council then made the following announcement:-

Love Clacton Family Day

“I would like to take a moment to encourage residents to come along to the free Love Clacton family day taking place in Clacton town centre tomorrow. The event celebrates the £20 million Pride in Place investment that will help support the town's long-term future, and it's a great opportunity for people to enjoy live music, family entertainment, food, arts and activities throughout the day. There really is something for everyone. I hope residents will take the opportunity to join in, support our town centre and see what Love Clacton is all about. You can find out more on the Love Clacton website, and the activities start from 10am.”

The Cabinet is asked to note any announcements made by Members of the Cabinet.

Arts Council England Visit

The Portfolio Holder for Arts, Culture & Heritage (Councillor Scott) made the following statement:-

“I would like to take the opportunity to update colleagues on the successful visit from Arts Council England to Harwich yesterday.

We were delighted to welcome Darren Henley, Chief Executive of Arts Council England, together with Hazel Edwards, Area Director, and their colleagues, for what was their third visit to Tendring. Their return visit demonstrates Arts Council England's continued commitment to our District and confidence in our creative and cultural ambitions.

The visit provided an excellent opportunity to showcase some of the fantastic work taking place across Tendring. We visited the redeveloped Harwich Library, where local theatre company Funnelwick Limb presented “Katherine”, their newly produced work exploring the story of Katherine of Aragon and her connections to Essex. This enabled us not only to highlight the area's cultural activity but also the wider regeneration taking place in Harwich.

The delegation also visited the Harwich Arts and Heritage Centre and experienced the travelling arts bus from Colchester Arts Centre. Importantly, local festival producers and cultural organisations were able to share their experiences directly, discussing both the opportunities and challenges facing the sector and exploring how Arts Council England and Tendring District Council can continue to support a growing, ambitious and increasingly resilient cultural landscape.

The visit was extremely positive. We were able to thank Arts Council England for their ongoing support, particularly through Tendring's status as a Priority Place, and it was encouraging to hear that they share our aspirations for the future. The day reinforced the strength of the partnerships that have been developed and the progress that has been made, while also recognising the significant opportunities that still lie ahead.

I would also like to place on record my thanks to the many artists, organisations, volunteers and creative practitioners who continue to deliver high-quality programmes and events across the District. Their work enriches the lives of our residents, attracts visitors, strengthens our communities and plays a vital role in shaping a positive future for Tendring.

I am sure everyone involved left the day with a strong sense of pride in what has been achieved so far, and with renewed ambition for what our creative and cultural sector can deliver in the years ahead. Thank you.”

Delivery of new Green Recycling Boxes

The Portfolio Holder for the Environment & ICT (Councillor Smith) made the following announcement:-

“I am pleased to report that the delivery of 70,000 new green recycling boxes to residents across the District has been progressing well, with deliveries due to be completed today.

Our new waste and recycling collection service will commence on 5 October, when residents will be able to recycle glass and a wider range of materials directly from the kerbside.

This represents a significant improvement to our recycling service, making it easier for residents to recycle more. I look forward to reporting back to Cabinet at future meetings on the additional recycling tonnage we anticipate collecting as the  ...  view the full minutes text for item 33.

There are no matters referred to the Cabinet by the Council on this occasion.

There were no matters referred to the Cabinet by Full Council on this occasion.

There are no matters referred to the Cabinet by a Committee on this occasion.

There were no matters referred to the Cabinet by a Committee on this occasion.

There are no matters referred to the Cabinet by the Leader of the Council on this occasion.

There were no matters referred to the Cabinet by the Leader of the Council on this occasion.

This report asks Cabinet to approve the recommended changes to the Constitution for referral onto Full Council following a fundamental review undertaken by Officers of the delegated powers relating to planning matters following the introduction of the Government’s new National Scheme of Delegation of Planning Functions and associated legislation.

The main proposals cover miscellaneous amendments to the Scheme of Delegated Powers (Part 3) and the Codes and Protocols (Part 6) to ensure the Council’s Constitution remains effective, efficient and consistent at an operational level and complies with the new legislation.

RESOLVED that Cabinet –

(a)     notes the contents of the report and the impact of the Government’s National Scheme of Delegation of Planning Functions and the requirements to amend the Council’s Constitution to ensure compliance with the new legislation coming into force with effect from 31^st October 2026; and

(b)     formally RECOMMENDS TO COUNCIL that:

(i)       Part 3 (Scheme of Delegated Powers – Planning Committee) of the Council’s Constitution be amended to reflect the proposed changes, as set out in Appendix A attached hereto this report;

(ii)   Part 6 (Codes and Protocols) of the Council’s Constitution be amended to incorporate the new “Protocol for the Discharge of Local Planning Authority Functions”, as set out in Appendix B attached hereto this report, together with the consequential deletion of the Members’ Referral Scheme for Planning Applications;

(iii)    these changes come into effect on 31^st October 2026; and

(iv)    authority to amend the Protocol, as set out in Appendix B, be delegated to the Corporate Director (Planning and Community), in consultation with the Chairman of the Planning Committee and the Monitoring Officer, to reflect any minor alterations considered necessary through the implementation of the new national scheme and best practice.

Cabinet considered a report of the Portfolio Holder for Corporate Finance & Governance (A.1) that requested Cabinet to approve the recommended changes to the Constitution for referral onto Full Council following a fundamental review undertaken by Officers of the delegated powers relating to planning matters following the introduction of the Government’s new National Scheme of Delegation of Planning Functions and associated legislation. The main proposals covered miscellaneous amendments to the Scheme of Delegated Powers (Part 3) and the Codes and Protocols (Part 6) to ensure the Council’s Constitution remained effective, efficient and consistent at an operational level and complied with the new legislation.

Cabinet was informed that the Town and Country Planning (Discharge of Local Planning Authority Functions) (England) Regulations 2026 (“the 2026 Regulations”), which would come into force on 31^st October 2026, related to the national scheme of delegation of planning functions and the size of planning committees. Those Regulations required relevant local planning authorities (“LPAs”) in England (as defined by section 319ZZF(1) of the Town and Country Planning Act (“TCPA 1990”)) to make arrangements for specified planning functions to be discharged by committees (including sub-committees) or by officers.

In making and operating arrangements under those Regulations, section 319ZZE(4) and (5) of TCPA 1990 required LPAs to have regard to any relevant guidance issued by the Secretary of State. Such (draft) guidance had been issued by the Ministry for Housing, Communities & Local Government on 1^st June 2026, and along with the 2026 Regulations, had been taken into account in producing the proposals contained within this report and its appendices.

It was reported that the Government’s aim behind the national scheme of delegation was “to ensure that there is greater clarity and consistency about the role of planning committees in planning decision making. Committees should focus on the key proposals that matter to an area, enabling other, often more minor and technical, decisions to be made by planning officers”.

The 2026 Regulations set out types of applications where decisions:

·      must be delegated to officers in all cases as set out in Schedule 1; and

·      were presumed to be delegated to officers unless:

·     they met at least one of the criteria in regulation 5(2); or

·     the application was made by, or on behalf of, a local authority, a member or officer of that local authority or an entity owned or controlled by the authority or any of its members or officers (regulation 6); and

·     the nominated officer and nominated member of the planning committee agreed that the application should be referred to a planning committee for its determination.

Members were made aware that where a planning function was not listed in either Schedule 1 or 2, it was for the LPA to decide whether it should be delegated to an officer or referred to a committee for a decision, and for this reason a local protocol complying with the legal framework should be adopted.

Cabinet recalled that Part 3 of the Council’s Constitution provided the Responsibility  ...  view the full minutes text for item 37.

To present to Cabinet the Annual Housing Complaints Performance and Service Improvement Report for scrutiny and challenge, which includes a self-assessment carried out against the Housing Ombudsman’s Complaint Handling Code for 2025/26 prior to publication and submission.

RESOLVED that Cabinet -

1)       in accordance with the Housing Ombudsman’s Complaint Handling Code and in compliance with Cabinet’s scrutiny and oversight requirements, receives and formally notes the Council’s Annual Complaints Performance and Service Improvement Report, which includes the Annual Self-assessment against the Code, as set out in Appendices A and B;

2)       formally provides the following response to the Annual Complaints Performance and Service Improvement report, for publication:-

“Cabinet welcomes the Annual Housing Complaints Performance and Service Improvement Report, including self-assessment against the Housing Ombudsman’s Complaint Handling Code presented by Cllr Baker in his role as Portfolio Holder for Housing & Planning and member responsible for complaints.

We would like to thank Cllr Baker for continuing in this role and his commitment to it. We know that during the year covered by the report the service has introduced further new policies and undertaken significant work in respect of compliance with the Consumer Standards. Our tenants have been more involved in reviewing our performance in respect of complaint handling and we thank them for their input and insights into their own experiences.

As the report highlights, we do need to make some improvement to how we respond to complaints and learn from what those who complain tell us.

Cabinet is concerned to see that satisfaction with our approach to complaint handling, as measured through the annual tenant satisfaction survey, has decreased when compared to the 2024/25 survey response. It is also concerning to see our speed of response to Stage 2 complaints decrease over the previous year when we hoped for a year-on-year improvement. Cabinet would also like Cllr Baker to ensure that measures are put in place to improve tenant satisfaction and response times and welcome the improvements proposed in the report.

The self-assessment against the Housing Ombudsman’s Complaint Handling Code is an important document that Cllr Baker and our tenants have had input to.

Overall, Cabinet endorses the self-assessment but as has already been said, would like to see further improvement to complaint response times and learning.”;

3)       authorises Officers to publish both the report and the Cabinet’s response on the Council’s website within the section relating to complaints and to submit the self-assessment to the Housing Ombudsman by 30 September 2026; and

4)       notes the amended figures for the annual Tenant Satisfaction Measures return, as set out in the body of this report.

Cabinet considered a report of the Portfolio Holder for Housing & Planning (A.2) that present to Cabinet the Annual Housing Complaints Performance and Service Improvement Report for scrutiny and challenge, which included a self-assessment carried out against the Housing Ombudsman’s Complaint Handling Code for 2025/26 prior to publication and submission to the Housing Ombudsman by 30 September 2026.

Cabinet was reminded that the Code provided the statutory framework for effective, fair and accessible complaint handling by social landlords. It required landlords to learn from complaints, demonstrate service improvement, and provide assurance through annual reporting, self-assessment, governing body oversight and publication.

It was reported that the Council had updated its housing complaints arrangements in response to changes to the Code, including the adoption of a stand-alone Housing Complaints Policy and, in 2025, a harmonised Corporate and Housing Complaints Policy to reflect the more closely aligned complaint handling codes of the Housing Ombudsman and the Local Government and Social Care Ombudsman. The Portfolio Holder for Housing and Planning acted as the Member Responsible for Complaints and provided ongoing scrutiny through regular reviews of complaint performance, trends and learning.

Members were informed that housing complaints had increased in 2025/26 compared with 2024/25, continuing the upward trend seen in the previous year. The service had received 84 Stage 1 complaints, of which 18 had escalated to Stage 2. Housing repairs had accounted for 55% of both Stage 1 (comprising 46) and Stage 2 (comprising 10) complaints, whilst tenancy matters had accounted for 33% of Stage 1 (comprising 28) complaints and 39% of Stage 2 (comprising 7) complaints. Tenant satisfaction with complaint handling, as measured through the annual tenant perception survey, had fallen to 36.3%, compared with 49% in the previous year.

Cabinet was made aware that the Annual Report identified service improvements arising from complaint learning and confirmed that the self-assessment and performance information had been reviewed by the Member Responsible for Complaints. Complaint information had also been considered through the Council’s Housing Improvement Board and Tenant Panel, supporting regular challenge, assurance and a continued focus on improving outcomes for residents.

Members were cognisant that the report also highlighted amendments to the Council’s Tenant Satisfaction Measures return for 2025/26. Following Cabinet approval and submission to the Regulator of Social Housing in June 2026, subsequent queries had resulted in amendments to TSM RP02 and corrections to CH01 and CH02. Those amended figures had been accepted by the Regulator.

The Portfolio Holder for Housing & Planning made the following statement at the meeting:-

“Leader, I introduce to Cabinet the Annual Housing Complaints Performance and Service Improvement Report, for 2025/2026, which as Cabinet is well aware, is required under the Housing Ombudsman’s regime to ensure that this Council complies with the statutory Complaint handling Code.

The Complaint Handling Code 2024 requires landlords to produce an annual complaints performance and service improvement report for scrutiny and challenge and this information should be presented to the landlord’s governing body, in our case, Cabinet.

The Complaint Handling Code requires one member  ...  view the full minutes text for item 38.

To present to Cabinet the Housing Succession and Assignment Policy for consideration and adoption.

RESOLVED that Cabinet -

(a)     formally adopts the Housing Succession and Assignment Policy, as set out in Appendix A to the report (A.3), for implementation;

(b)     authorises the Corporate Director (Operations and Delivery) to make future updates or amendments to the policy, in consultation with the Portfolio Holder responsible for Housing; and

(c)     requires that this Policy will be reviewed every three years.

Cabinet considered a report of the Housing & Planning Portfolio Holder (A.3) whichpresented to Cabinet the Housing Succession and Assignment Policy for consideration and adoption.

It was reported that this policy formalised the work that was already undertaken in the Housing and Environmental Health service. This work was in compliance with the legal framework associated with succession and assignment applications and assisted the Council in meeting the Regulator of Social Housing’s Consumer Standards as well as the requirements and recommendations of the Housing Ombudsman.

Cabinet was informed that the purpose of the Housing Succession and Assignment Policy was to ensure tenancy succession and assignment applications were dealt with in accordance with legislation and statutory guidance.

The policy outlined the appeals process if a succession or assignment request was not granted and that the Council would always aim to prevent homelessness and would take appropriate measures to prevent someone becoming homeless where it was not possible for them to succeed to a tenancy.

The Portfolio Holder for Housing & Planning made the following statement at the meeting:-

“Leader, I am pleased to introduce the Housing Succession & Assignment Policy for Cabinet to consider and approve for adoption.

The policy formalises the work that is already undertaken in the Housing and Environment service and is in compliance with the legal framework associated with succession and assignment applications and assists the Council in meeting the Regulator of Social Housing’s Consumer Standards as well as the requirements and recommendations of the Housing Ombudsman.

The purpose of the Housing Succession and Assignment Policy is to ensure tenancy succession and assignment applications are dealt with in accordance with legislation and statutory guidance.

The policy outlines the appeals process if a succession or assignment request is not granted and the Council will always aim to prevent homelessness and will take appropriate measures to prevent someone becoming homeless where it is not possible for them to succeed a tenancy.

The policy applies to the Council’s secure tenancies.

Leader, the recommendations are on Page 107 of the Agenda, and I commend them to Cabinet.”

To ensure that the policy was appropriately adopted, in accordance with the Council’s Constitution and to evidence compliance with regulatory requirements:-

It was moved by Councillor Baker, seconded by Councillor Scott and:-

RESOLVED that Cabinet -

(a)     formally adopts the Housing Succession and Assignment Policy, as set out in Appendix A to the report (A.3), for implementation;

(b)     authorises the Corporate Director (Operations and Delivery) to make future updates or amendments to the policy, in consultation with the Portfolio Holder responsible for Housing; and

(c)     requires that this Policy will be reviewed every three years.

There are no items submitted to the Cabinet by Management Team on this occasion.

There were no formal items submitted to the Cabinet by the Management Team on this occasion.

However, the Chief Executive made the following oral statement:-

“At the County Health & Wellbeing Board this week, this Council had taken an item about Water Safety. Because it had been a long, hot summer, we have also had some tragedies and some accidents with some people who have been pulled out of the water, and some have tragically died. The numbers this year are significantly higher than in previous years because of the extended summer.

We started our beachfront team earlier and that team did an amazing and wonderful job and there are people who have gone home this summer who would not have gone home if this Council had not had its team.

At the Health & Wellbeing Board we highlighted what do we do to prepare for summer next year, whether it’s another long, hot summer or just a regular summer, and what actions are we going to take.

One of those actions will be to work with the Association of London Councils to talk to them about information and education. People when they get to the seafront don’t wait to read all of the signage, they run down to the beach and into the water. We need to educate around the issues of tides, water temperatures. It’s not just about coastal waters, it is also about reservoirs, lakes, rivers and estuaries. It matters for all of Essex but particularly for us being coastal and the number of incidents this year.

The Board (partners from health, fire, police and local government) unanimously agreed the paper and work will commence with London Councils to give before next year’s summer break for children information to enable the publicising of not just the wonderful things about the coast but also early warnings about the inherent dangers of the sea and inland waters – it may look cool and beautiful but there are the dangers of strong undercurrents for example – the forewarning of families about that.”