Four luxury apartment owners who were embroiled in a legal battle with Tate Modern over the museum’s popular tenth floor viewing platform have lost their appeal, The Guardian reports. The residents of the high-end development Neo Bankside on London’s South Bank took the institution to court in 2017 in an attempt to close parts of the Blavatnik Building’s observation deck to prevent museumgoers from peering into their glass-walled flats.
The plaintiffs lost the case last February when a judge ruled in favor of the museum, declaring that the the residents should invest in net curtains or lower their solar blinds. “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,” said Justice Mann. The plaintiffs then proceeded to launch an appeal, which was dismissed on Wednesday. The court also dismissed the residents’ request to take the case to the supreme court.
According to the master of the rolls, Terence Etherton, since “overlooking does not fall within the tort of nuisance” Tate Modern will be allowed to keep its viewing platform open. Guy Fetherstonhaugh, Queen’s Council for the museum, said that the institution is grateful for the court’s “careful consideration of this matter.” He added, “We continue to be mindful of the amenity of our neighbors and the role of Tate Modern in the local community.”