Members of Bankside Residents for Appropriate Development this week lost their High Court bid to halt the 20-storey 'Tate Tower' scheme in Hopton Street.
Computer generated image of the planned tower
The case was brought by members of Bankside Residents for Appropriate Development (Broad), who had argued that the whole planning procedure was so flawed that objectors did not get a fair hearing, and that planning permission for the block should now be quashed.
They had also argued that their right to the enjoyment of their property under the European Convention on Human Rights would be breached if the tower is built.
It was argued that it would significantly affect residents at Bankside Lofts, opposite Tate Modern, and residents at Falcon Point, which contains 110 low-rise flats north of the proposed tower block site.
The site, once a paper warehouse, was sold to developers London Town for £7.6 million in December 2000, after the Tate had tried and failed to buy it.
Developers first hoped to erect a 32-storey block some 127 metres high, but withdrew that plan after local opposition.
The current scheme was submitted in June 2002. It is 63 metres high and nine of the 28 apartments would be "affordable".
"The inspector has not erred in his approach to the balancing exercise required by the planning legislation." said the judge, dismissing the residents' claim though expressing sympathy with them.
Sir Nicholas Serota demonstrates with local residents in July 2003
Dean of Southwark Colin Slee, who also lives alongside Tate Modern, said: "This scheme will benefit a few and deface the environment for millions."
Writing last year in the Evening Standard, architecture critic Rowan Moore said that "developers are treating the Tate's boost to the area as a Klondike, to be mined for all it is worth" and adds that the tower will "blight the approach to the museum, and will obstruct the views and daylight of people who live nearby".