Bankside residents have announced a new stage in their fight to create a public square instead of a tower block.
An Appeal Court action now lodged challenges the permission granted to property developer London Town plc for a 22-storey tower in the forecourt of Tate Modern.
"The residents are united in believing that this site represents a unique opportunity to create a rare public space – a Tate Square rather than a tower block – in an area that is seriously short of such space" said David Lough, chairman of BROAD (Bankside Residents for Appropriate Development).
The Appeal Court action follows the recent dismissal of BROAD's High Court application to overturn the decision of a Government Planning Inspector to grant planning permission for the tower.
But at a hearing in the High Court last month Mr Justice Collins granted BROAD leave to appeal. Counsel representing the Government's Planning Inspectorate raised no objection to the appeal going ahead.
"The Government appears to agree with us that there are important human rights issues raised by this case. We are determined that they will be properly heard" said Mr Lough.
He added: "We are represented by Richard Clayton QC, one of the country's leading experts on the Human Rights Act. He will be pressing home our case that the rights of surrounding residents would be unfairly harmed if the proposed tower went ahead."
• The hearing in the Court of Appeal is likely to take place in the autumn.