The answer is not clear cut. The right of way could arguably include access with cars and vans – there are cases which say that words like ‘wagons’ and ‘carriages’ can extend to other types of, more modern, vehicles. The problem is that you then have to look at the construction of the roadway itself for evidence of what it was intended to be used for so that is not a definitive ‘yes’.
There is also a risk that if the development will lead to the access way being used more than it currently is then there could be an argument that your plots buyers will not be able to rely upon this right as it will lead to an intensification of user. The safest option would be to explore if indemnity insurance is available in the first instance.
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