South Bank residents lose bid to prevent visitors to gallery looking into their homes
BY TOBY PORTER
toby@slpmedia.co.uk
Residents in a glass tower have lost their bid to stop visitors to the Tate Modern gallery looking into their homes.
The owners of four flats in the Neo Bankside development on the South Bank claim the neighbouring gallery’s viewing platform caused a “relentless” invasion of their privacy.
But the Tate argued residents could simply draw their blinds. The residents’ claim was dismissed at the High Court on Tuesday – though they have now said they would appeal.
In his judgment, Mr Justice Mann said the claimants have “submitted themselves to a sensitivity to privacy” due to the extensive use of glass walls in their properties.
He said: “If the claimants have a design which raises the privacy invasion then they have created their own sensitivity and will have to tolerate what the design has created “I remind myself that the first designs for these flats did have some privacy protection built in.
“These properties are impressive, and no doubt there are great advantages to be enjoyed in such extensive glassed views, but that in effect comes at a price in terms of privacy.”
In a statement after the ruling, Natasha Rees of lawyers firm Forsters, who acted for the residents, said: “We are extremely disappointed with the result.
“The limited steps taken by the Tate to prevent visitors viewing into my clients’ apartments are ineffective and my clients and their families will have to continue to live with this daily intrusion into their privacy.
“The residents have suffered continuous intrusion into their homes from visitors to the viewing terrace since the Blavatnik extension opened in June 2016.
“The viewing terrace aims to provide a 360 degree view of the London skyline, runs around all four sides of the extension and is open to the public seven days a week.
“The southern side of the terrace faces Neo Bankside almost exclusively, and provides visitors with little else to view except the residents’ flats – which they can see directly into.
“Photographs are often taken of the insides of the flats and their occupants, with many of them subsequently uploaded onto various social media platforms.”
A spokesman for Tate Modern said: “The Level 10 Viewing Platform is an important part of Tate Modern’s public offer and we are pleased it will remain available to our visitors.
“We continue to be mindful of the amenity of our neighbours and the role Tate Modern has to play in the local community.
We are grateful to Mr Justice Mann for his careful consideration of this matter.”
