Freedom of Information request - Hereford Bypass Phase 1 Value Engineering
Case reference EIR2026/01118
Received 10 May 2026
Published 2 June 2026
Request
Response
In this disclosure - EIR2026 00821 reference is made to the following:
1. A 'Value Engineering Opportunities Register', 2. A Value Engineering Decision workshop held on 1 April 2026, and 3. A meeting to be scheduled in April between Herefordshire Council Planning and GRAHAM.
I request disclosure of the most up to date Register and any written records pertaining to the decision workshop and to the meeting between Planning and GRAHAM.
A: The information requested is excepted under Regulation 12 (5) (e) of the Environmental Information Regulations 2004 because disclosure is likely to prejudice the commercial interests of Herefordshire Council and of our contractor Grahams. In reaching this decision I have taken into account relevant guidance provided by the Information Commissioner's Office including whether the information in question is commercial or industrial, and whether the information is subject to confidentiality provided by law.
Herefordshire Council is satisfied that the information to which the exception has been applied contains commercial information. The document you requested contains detailed commercial information relating to project risks, costs, estimates, contractor assumptions, risk allocation, planning vulnerabilities, and anticipated financial exposures linked to the Hereford Western Bypass scheme. This information forms part of commercially sensitive financial modelling and is used for current decision‑making and options which are yet to be agreed.
This exception is subject to a public interest test, and accordingly I have weighed the public interest for disclosure against the public interest in not disclosing the information as follows:
The public interest in disclosure:
Transparency about environmental projects and public spending
Public understanding and participation in decisions about major infrastructure schemes
Accountability for the use of public funds
The public interest in not disclosing the information:
Releasing this information may prejudice ongoing discussions and decision making. The current Value Engineering discussions are in exceptionally early stages and disclosing this information now when it is subject to change could impact our position
There is a risk of exposing commercially sensitive risk pricing which could distort contractor behaviour, especially at the early stages of the project we are in. Disclosure would compromise Graham’s competitive advantage and expose their proprietary commercial strategies to the market. Rival contractors would use this data to reverse-engineer our pricing model and undercut us on future bids.
Releasing the information would breach the trust and confidence of commercial partners who provide candid risk assessments
Disclosure would severely prejudice the upcoming full planning application by exposing discarded options, compromising statutory consultations, and politicising technical design choices.
I have found the public interest in disclosure in this case is outweighed by the public interest in not disclosing the information. Please take this letter as a refusal notice under Regulation 14 of the Environmental Information Regulations 2004
Documents
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