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That's a rather complex topic. I tried to explain it further in a comment on that issue. Put short, if the current process is compatible enough to run the build, and the option is used, no daemon will be started. The question is, why do you need it, what is your problem with the single-use daemon, or even with a long-lived daemon?

it's a legacy CI pipeline which has used --no-daemon since before using a daemon was the recommendation. The daemon fails to terminate when using the artifactory Jenkins plugin despite success, so the build hangs. Solving that issue has proven very complex but would be the right way to do things, I was hoping to make as minimal changes as possible during the gradle 7-> 8 update.

You probably just need to add the instrumentation agent argument

yeah adding that argument works it just felt like I was going down the wrong path

Yeah, no. If you want the build to run in the current process, it has to be compatible. And that means either the agent must be there, or disabled and the latter is a very bad idea.