A relevant planning authority that makes planning data available to a person does not, in doing so, infringe copyright if making the data available is necessary for the purposes of enabling or facilitating—
the development of planning data software which is to be submitted for approval under section 87(1), or
the upgrade, modification or maintenance of, or the provision of technical support in respect of, planning data software which is approved under section 87(1).
The person to whom the planning data is made available does not infringe any copyright by using it for the purpose mentioned in subsection (1) for which it is made available.