tate modern limits access to its herzog & de meuron viewing terrace

tate v. neo bankside residents dispute resolved

On February 1, 2023, the UK Supreme Court ruled in a long-running case involving five residents of the Neo Bankside apartment complex in London — designed by Roger Stirk Harbour + Partners — and the Tate Gallery. The case concerned a Herzog & de Meuron–designed public viewing gallery at the Tate Modern in London, which allowed visitors to see inside the residents’ flats, creating a breach of privacy. The Court, led by Lord Leggatt, found that Tate’s use of the gallery constituted a common law nuisance, and the case was referred back to the High Court to determine a remedy. The decision reaffirmed the principles of nuisance law and its application to the case. After months of deliberation, the Tate Gallery, when given the option by the Court, chose not to argue for damages as an alternative to an injunction. Instead, the Tate has now agreed to a final order that resolves the matter, effectively ending the nuisance by restricting public access to the viewing terrace — a positive move that reaffirms one’s right to privacy in the home.

Tate Modern in London | image © Iwan Baan, courtesy Herzog & de Meuron

tate modern will restrict public access to its viewing gallery

For further context, the viewing gallery occupies the 10th floor of the Tate’s Blavatnik Building, completed in 2005 by the Herzog & de Meuron team as part of a 318 million-dollar expansion plan. This viewing terrace allowed visitors to peer into London and enjoy panoramic city views. The claimants living in flats in the Neo Bankside complex by Roger Stirk Harbour + Partners sit directly opposite the gallery, making their flats easily visible and exposed to museum visitors. The initial judge found that visitors intruded on the residents’ privacy by peering into their flats but did not consider it a nuisance due to the flats having glass walls and the residents not taking measures to protect their privacy. The Court of Appeal disagreed, stating that overlooking, even if oppressive, could not be considered a nuisance.

Neo Bankside apartments by Roger Stirk Harbour + Partners | image courtesy the architects

a good move that asserts the right to privacy in one’s home

As part of the latest resolution issued on October 18 by Forsters, the law firm representing the five residents, Tate Modern has committed not to operate Level 10 of the Blavatnik Building, therefore restricting access to the viewing gallery areas closest to the five residents’ flats. This means that visitors can no longer engage in intrusive viewing or photography of nearby Neo Bankside apartments, as was deemed a nuisance by the Supreme Court in February. Natasha Rees, Senior Partner at Forsters, stated that their clients never sought monetary damages, and they appreciate the Tate’s recent willingness to agree that the viewing platform will not operate in a way that causes a nuisance. The clients are satisfied that this long-standing dispute has been resolved. While the viewing gallery offered many perks, this latest resolution proved itself to be a good move as it is ‘a robust re-assertion of the protection afforded by the common law to privacy in the home,’ continues the team at Forsters.