A438 Whitney on Wye works assessments
Case reference EIR2026/00433
Received 17 February 2026
Published 13 March 2026
Request
The works against the A438 at Whitney on Wye are now complete as at 17th Feb.
I would like to see the pre commencement assessment informing potential impacts on dormice. Documented reason as to why a licence to disturb/kill dormice from Natural England was not considered necessary.
The dormouse working method statement used to inform the works. The habitat regulations assessment to inform the works undertaken immediately against the River Wye SSSI SAC.
Response
The works against the A438 at Whitney on Wye are now complete as at 17th Feb.
I would like to see the pre commencement assessment informing potential impacts on dormice.
Documented reason as to why a licence to disturb/kill dormice from Natural England was not considered necessary.
The dormouse working method statement used to inform the works.
The habitat regulations assessment to inform the works undertaken immediately against the River Wye SSSI SAC.
A: Please see below from our contractors:
The works package being undertaken is for the removal of individual and small groups of hazard trees assessed has posing a risk to road users. As such, each work site is small and spread sporadically throughout the county. We acknowledge that dormice and other protected species are widespread in the county and it was decided that all the impacted habitats should be assumed to be suitable for those species, but that the risk of encountering them within any given site was low.
As such we decided that adopting a precautionary approach and employing a suitably experienced ecological clerk of works was a proportionate approach to the scale of works and potential impacts. The clerk of works checks all removal locations ahead of the contractors, agreeing the least impactful approach and employing the appropriate methods for checking relevant protected species presence at each location. They are experienced in fingertip searching at ground level as well as inspecting trees for bat roost suitability and identifying active birds nests. In the event that any protected species, or potential features would be identified, works would be halted and an appropriate plan for additional surveys, avoidance or mitigation measures put in place.
The reports being requested were produced by WSP,who provide them to us as part of a post inspection report. WPS carried out checks on-site throughout the scheme and are due to provide us with the post inspection report, which will include anything on dormice or the evidence of dormice.The post inspection report, which contains the details being requested are excepted under Regulation 12 (4) (d) of the Environmental Information Regulations 2004 - material in the course of completion, unfinished documents and incomplete data.
This exception is subject to a public interest test and accordingly I have weighed the reasons for and against disclosure in the public interest as follows:
The public interest in disclosure:
Disclosure would help the public understand how ecological issues (e.g., dormouse assessments, HRA considerations) were taken into account during the works.
Given the works adjacent to the River Wye and the protected status of dormice, there is a public interest in how potential impacts were assessed.
The public interest in not disclosing the information:
The report is currently undergoing governance, technical checks, and finalisation. Disclosure at this stage risks releasing draft conclusions that may change, which could mislead the public or cause confusion about the actual ecological findings.
Officers must be able to complete and verify assessments without external pressure or premature scrutiny while the work is incomplete.
Premature disclosure may disrupt the internal process and lead to misinterpretation of provisional material.
Releasing unapproved technical information, especially for protected species, could result in the public relying on inaccurate ecological data.
Taking the above into consideration we consider the balance in favour of not disclosing the information at this stage outweighs the reasons for disclosure.
Documents
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