Innova Soil Technology is fighting to build a soil-decontamination facility without a permit from Hobsons Bay Council.

The Hobsons Bay Residents' Association has condemned plans to make the municipality Victoria's "toxic waste capital".

Last Friday at the VCAT, residents' representative Geoff Mitchelmore was refused his application to be joined as a party to proceedings.

The former chief chemist for Gas and Fuel Corporation of Victoria labelled Innova "gutless" for "hiding behind VCAT".

"It's disgusting," Mr Mitchelmore said. "They've refused the opportunity for the community to comment on the relative merits of the process.

"It means the community will be locked out of any discussion of the viability of the proposal. It's just devastating."

Hobsons Bay deputy mayor Tony Briffa said Mr Mitchelmore had the support of the residents' association and 2500 objectors.

"This is a real kick in the guts for democracy and further shows Innova's complete disregard for community consultation," Cr Briffa said. "I fully supported Mr Mitchelmore's application to be joined as a party at VCAT.

"Not allowing him to be a party in this matter, in my opinion, would be contrary to natural justice and procedural fairness, and possibly even the Charter of Human Rights and Responsibilities in that not allowing Geoff to be heard - especially in a matter that affects him - denies him recognition and equality before the law."

Innova spokesman Ken Davis said the hearing in September was to determine a complex point of law and had nothing to do with the merit of its proposal.

‘‘Innova will continue with its wide community consultation on every aspect of the proposed centre for soil remediation in Altona and, as such, we again encourage everyone interested in finding out more information on our proposal to visit the independently hosted website and forum at www.innovacleansoilproposal.com.a u/