The application, lodged by Asplan Town Planning, proposed to legitimise landfill and dam works already carried out at 40 Batey Court, Bulla.

The council had earlier failed to take a decision on the issue in the required 60-day period after the application was lodged on March 5.

Council officers rejected the application on the grounds it was contrary to the Hume planning scheme guidelines.

The applicant has lodged an appeal at the Victorian Civil and Administrative Tribunal after the council's failure to decide on the matter within the allotted 60-day timeframe.

A hearing date is yet to be fixed.

The applicant could not be reached for comment.