The U.K. Supreme Court ruled that a viewing platform at London’s Tate Modern art gallery made residents of glass-walled luxury apartments next door feel like animals in a zoo, and impeded “the ordinary use and enjoyment” of their homes.
Tate Modern opened in 2000 in a former power station on the south bank of the River Thames. It helped transform the surrounding Bankside neighborhood from a riverside backwater into an arts and nightlife hub dotted with luxury apartment towers.
Lawyers for the residents argued the 10th-floor platform, which attracted more than half a million gallery visitors a year, constituted a “relentless” invasion of residents’ privacy. They said gallery visitors subjected the apartments to “intense visual scrutiny,” with some using binoculars and zoom lenses to get a better look.
“The claimants cannot be obliged to live behind net curtains or with their blinds drawn all day every day to protect themselves from the consequences of intrusion caused by the abnormal use which the Tate makes of its land,” the judges said.“Previous court decisions have suggested that if you happen to be overlooked by others, that is just bad luck and you don’t have a legal remedy,” said Richard Cressall, partner at law firm Gordons. “The Supreme Court has decided to put a cap on that.
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