A viewing platform at the Tate Modern which allows tourists to overlook a block of £2million apartments is a violation of residents' privacy, the Supreme Court has heard.
The owners of four luxury flats in the Neo Bankside development on London's South Bank are mounting a last-ditch legal battle to close down the gallery which allows 'hundreds of thousands' of museum visitors to look inside their homes.
They first applied for an injunction in 2017 requiring the Tate to cordon off parts of the platform or to erect screening to block the views of their homes.
But they lost the last stage of their fight at the Court of Appeal in February last year, when a judge agreed with a previous High Court decision which suggested the owners could simply 'lower their solar blinds' or 'install privacy film (or) net curtains'.
The group have now taken their case to the Supreme Court, arguing that the platform goes against their right to privacy, as enshrined by Article 8 of the European Convention of Human Rights (ECHR).
They are also arguing once more that the gallery opens them up to 'nuisance' under common law, defined as 'an unreasonable and substantial interference on the use and enjoyment of a person's property'.
Neo Bankside opened in 2012 followed four years later by the viewing gallery on floor 10 of the Tate's Switch House extension, which the trustees said would provide 'a unique, free, 360-degree view of London'.
A photograph taken from the viewing platform in 2016 shows how visitors can see into the apartments at Neo Bankside (pictured, Mail on Sunday's Charlotte Wallace showing how visible residents are)
The viewing platform seems to give a perfect view of Neo Bankside apartments (pictured)
A graphic showing the locations of the multi-million pound flats (pictured right) and the viewing platform (left)
Flat owner Lindsay Urquhart, 48, arrives at the Court of Appeal in central London for a previous court hearing
The Tate took steps to reduce the intrusions on nearby homes, but the owners sought an injunction on viewing from part of the platform.
One owner said she had experienced people taking photographs, while others made obscene gestures and waved at her.
Representing the residents at the Supreme Court on Tuesday, Tom Weekes, QC, said the Court of Appeal had earlier ruled activities creating visual intrusions such as 'watching, observation, photography or filming' were not a private nuisance.
He said: 'If the Court of Appeal is right, that would mean that the Tate could commit a nuisance by using its tenth floor walkway as a nightclub playing loud amplified music, for barbecues generating lots of smoke, as a rubbish storage area emitting a terrible smell and harbouring an infestation of flies, as an art installation involving shining dazzling light into neighbouring properties.
'If the Court of Appeal was right on activities harming the amenities of neighbouring properties by such things as watching, observation, photography or filming, the Tate would, under law of nuisance, have complete immunity.
'It would mean the Tate would now be able to remove its signs asking visitors to the viewing gallery to respect its neighbours' privacy and tell its security guards that they need no longer discourage visitors taking photographs of the nearby flats and their occupiers.
Pictured: The viewing gallery at the Tate Modern, from which visitors can peer into the Neo Bankside apartment block
A photograph taken from the viewing platform shows how visitors can look directly into the flats at the Neo Bankside development on London's South Bank
