A group of residents is taking Brisbane City Council to court over the redevelopment of the Howard Smith Wharves.

Brisbane City Council applied to its own town planning group and received approval on a development that slashes public parkland, residents claim. The approval includes a hotel, three commercial buildings and two external lifts. No outside panel has been appointed to look at the proposal.

The group of 35 appellants filed a notice of appeal with the Queensland Planning and Environment Court last Thursday.

The Howard Smith Wharves site itself became public property after it was “swapped” for the site now home to the Gallery of Modern Art near South Bank Parklands, Jane Ann Juhasz, a spokesperson for the residents group, said.

“The proviso of this was that the Harold Smith Wharves would be used for parkland and that there would be no more than 10 per cent used for building,” Juhasz told Architecture & Design. While the council claims to have stuck by this promise, the residents argue there is no way that such a “huge, dense” block of building amounts to just 10 per cent of the space.

What’s left over under the guise of public space is “laughable” Juhasz said. “It sort of looks like a bit of a plaza.”

The Mayor of Brisbane is keen to make the parkland pay for itself through the sale of commercial land nearby. However, this is “a ridiculous philosophy” given the huge influx of residents Brisbane will need to cope with, Juhasz said. The Queensland government’s South East Queensland Regional Plan requires the city to accommodate an additional 145,000 dwellings by 2026.

“We don’t understand why development contributions can’t be used to pay for the park so that we don’t have to lose complete control,” Juhasz said.

The group is filing the appeal at its own expense with help from the pro bono work of professionals. They are currently in need of a solicitor.