Residents of luxury Bankside flats overlooked by the Tate Modern viewing platform have won a landmark legal case over people peering into their flats.
Apartment owners of the Neo Bankside block, just 112ft (34m) away from the gallery, have argued that their privacy was being invaded by gawping tourists since 2016.
The residents, who bought their apartments before the viewing platform was built, had lost their case at the High Court and Court of Appeal.
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But they have succeeded at the Supreme Court – the UK’s highest court – where three of the five judges ruling in their favour.
The case hinged on a law dating back to 1341, established when a London fishmonger unlawfully erected a ‘watch-tower’ so he could spy on his neighbours.
Passing his judgement, Lord Leggatt said the viewing platform, which is currently closed, meant residents felt they were “on display in a zoo”.
He added that the living areas of the flats, which have massive windows, were under “constant observation” from Tate visitors “for much of the day, every day of the week”.
Tate extension makes a good vantage point for spying on the £20m flats of Neo Bankside ? pic.twitter.com/QsW5A2xIEY
— Olly Wainwright (@ollywainwright) May 12, 2016
“It is not difficult to imagine how oppressive living in such circumstances would feel for any ordinary person – much like being on display in a zoo,” he said.
It had been argued that if a new residential block was hypothetically built next to Neo Bankside, those residents would also be able to see into the residents’ flat.
But Judge Lord Legatt said if the new occupants of the hypothetical flats were “showing as much consideration for their neighbours as they could reasonably expect” there would be no reason to complain.
“It would be required by the rule of give and take, live and let live,” he added.
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The Tate Modern viewing platform, on the other hand, was not a “normal use” of the museum’s land so residents had a right to complain, Lord Leggatt said.
The Tate Modern was built before the Neo Bankside block but the viewing platform was established after.
The flats are at roughly the same height as the platform which, when open, was visited by up to 600,000 people every year.
The case will now go back to the High Court to determine a solution for the flat owners.